Privacy Policy

Last Modified: September 15, 2017

1.              Introduction

1.1.         MemoryWell LLC (“Company,” “we” or “us”) respects your privacy and is committed to protecting it through our compliance with the following provisions (this “Privacy Policy.”)

1.2.         This Privacy Policy describes the types of information we may collect from you or that you may provide when you access and use www.memorywell.com, including any content, functionality and the story writing service (the “Service”) offered on or through www.memorywell.com (the “Website”) and our practices for collecting, using, maintaining, protecting, and disclosing that information.

1.3.         This Privacy Policy applies to information we collect:

a.              On the Website.

b.              When you interact with other websites and services that include links to this Privacy Policy.

1.4.         This Privacy Policy does not apply to information collected by:

a.              us offline or through any other means, including on any other website operated by any third party; or

b.              any third party, including through any application or content (including advertising) that may link to or be accessible from the Website.

1.5.         Please read this Privacy Policy carefully to understand our policies and practices regarding your information and how we will treat it. If you do not agree with our policies and practices, your choice is not to use the Website. By accessing or using the Website, you agree to this Privacy Policy. This Privacy Policy may change from time to time, as detailed in section 11 of this Privacy Policy.

2.              Children Under the Age of 13

2.1.         The Website is not intended for children under 13 years of age. No one under age 13 may provide any information to or on the Website. We do not knowingly collect personal information from children under 13. If you are under 13, do not provide any information to the Website or make any purchases through the Website. If we learn we have collected or received personal information from a child under 13 without verification of parental consent, we will delete that information. If you believe we might have any information from or about a child under 13, please contact us at info@memorywell.com.

3.              Information We Collect About You and How We Collect It

3.1.         Types of Information. We collect several types of information from and about users of the Website, including information:

a.              by which you may be personally identified, such as name, email and telephone number (“personal information”);

b.              that is about you but individually does not identify you; and/or

c.              about your internet connection, the equipment you use to access the Website and usage details.

3.2.         Information We Collect. We collect this information:

a.              Directly from you when you provide it to us.

b.              Automatically as you navigate through the site. Information collected automatically may include usage details, IP addresses, and information collected through cookies, web beacons and other tracking technologies.

c.              From third parties, for example, our promotional partners.

3.3.         Information You Provide to Us. The information you provide us on or through the Website may include:

a.              Information that you provide by filling in forms on the Website. This includes information provided in the process of carrying out a transaction through the Website.

b.              Information requested by us when you report a problem with the Website.

c.              Records and copies of your correspondence (including email addresses), if you contact us.

d.              Your responses to surveys that we might ask you to complete for research purposes.

e.              Details of transactions you carry out through the Website and of the fulfillment of your orders. You may be required to provide financial information before placing an order through the Website.

3.4.         The Website may contain personal secure pages (each such page, a “Portal”) that allow users to post, submit, publish, display or transmit to other persons (hereinafter, “Post”) content (collectively and together with comments or suggestions you send to us, “User Contributions”) on or through the Website. Your User Contributions are Posted on your Portal and transmitted to others with access to your Portal at your own risk. Please be aware that no security measures are perfect or impenetrable.

3.5.         Information We Collect Through Automatic Data Collection Technologies. As you navigate through and interact with the Website, we may use automatic data collection technologies to collect certain information about your equipment, browsing actions, and patterns, including:

a.              Details of your visits to the Website, including traffic data and other communication data and the resources that you access and use on the Website.

b.              Information about your computer and internet connection, including your IP address, operating system, and browser type.

We also may use these technologies to collect information about your online activities over time and across third-party websites or other online services (behavioral tracking). See section 7 of this Privacy Policy for information on how you can opt out of behavioral tracking on the Website.

The information we collect automatically is generally statistical data that does not include personal information, but we may maintain it or associate it with personal information we collect in other ways or receive from third parties. It helps us to improve the Website and to deliver a better and more personalized service, including by enabling us to:

a.              Estimate our audience size and usage patterns.

b.              Store information about your preferences, allowing us to customize the Website according to your individual interests.

c.              Speed up your searches.

d.              Recognize you when you return to the Website.

The technologies we use for this automatic data collection may include:

a.              Cookies (or browser cookies). A cookie is a small file placed on the hard drive of your computer. You may refuse to accept browser cookies by activating the appropriate setting on your browser. However, if you select this setting you may be unable to access certain parts of the Website. Unless you have adjusted your browser setting so that it will refuse cookies, our system will issue cookies when you direct your browser to the Website.

b.              Web Beacons. Pages of the Website and our emails may contain small electronic files known as web beacons (also referred to as clear gifs, pixel tags, and single-pixel gifs) that permit the Company, for example, to count users who have visited those pages or opened an email and for other related website statistics (for example, recording the popularity of certain website content and verifying system and server integrity).

We do not collect personal information automatically, but we may tie this information to personal information about you that we collect from other sources or you provide to us.

4.              Third-Party Use of Cookies and Other Tracking Technologies

4.1.         Some content or applications, including advertisements, on the Website are served by third parties, including tracking companies, advertisers and other service providers. These third parties may use cookies alone or in conjunction with web beacons or other tracking technologies to collect information about you when you use our website. The information they collect may be associated with your personal information or they may collect information, including personal information, about your online activities over time and across different websites and other online services. They may use this information to provide you with interest-based (behavioral) advertising or other targeted content.

We do not control these third parties' tracking technologies or how they may be used. If you have any questions about an advertisement or other targeted content, you should contact the responsible provider directly. For information about how you can opt-out of receiving targeted advertising from many providers, see section 7 of this Privacy Policy.

5.              How We Use Your Information

5.1.         We use information that we collect about you or that you provide to us, including any personal information, for the following purposes:

a.              To provide the Service: We use your information to present the Website and its contents to you, and to provide the Service to you. We also use your information to fulfill the purposes for which you provide it, such as processing your customer information, and to carry out our obligations and enforce our rights arising from any contracts entered into between you and us, including for billing and collection.

b.              For verification: We use your information to verify your identity in connection with our provision of the Service, for example in order to complete transactions relating to online payments you make using the Website.

c.              To communicate with you: We use your information to communicate with you in relation to one or more of the following:

(1)           Changes to the Website or the Service, or changes to this Privacy Policy.

(2)           News and information we believe will be of interest to you.

(3)           Invitations to participate in surveys and provide feedback to us.

d.              For internal business purposes: We use your information for internal business purposes, including but not limited to one or more of the following:

(1)           Internal data analysis.

(2)           Composition of our printed and online publications and marketing materials which are distributed to prospective customers and/or other third parties, with your consent.

e.              To display advertisements: We may use your information (though we do not use your personal information) to enable us to display advertisements to our advertisers' target audiences. Even though we do not disclose your personal information for these purposes, if you click on or otherwise interact with an advertisement, the advertiser may assume that you meet its target criteria.

f.               To showcase stories: We may use your information to showcase stories resulting from the Service in a dedicated page on the Website, or in the community where you live with your consent. When we do so, we may attribute stories to the names submitted in connection with relevant User Contributions.

g.              For other purposes: We may use your information in any other way we may describe when you provide the information, or for any other purpose with your consent.

6.              Disclosure of Your Information

6.1.         We may disclose anonymized and aggregated information about our users without restriction.

6.2.         We may disclose information that we collect about you or that you provide to us, including any personal information, to the following third parties:

a.              Group companies: To our subsidiaries and affiliates.

b.              Service providers: To contractors, service providers, and other third parties we use to support our business and who are bound by contractual obligations to keep personal information confidential and not to disclose it, and to use it only for the purposes for which we disclose it to them.

c.              Buyer/successor: To a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of MemoryWell LLC's assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal information held by MemoryWell LLC about the Website users is among the assets transferred.

d.              Other users with access: To other users who have been provided with access to your Portal in accordance with this Privacy Policy for the purpose of accessing or sharing User Contributions.

e.              Advertisers: Even though we do not disclose your personal information to advertisers, third party advertisers may set cookies, web beacons or other technologies on the Website to collect information about your online activities over time and across different websites and other online services, in order to make our advertising on our Website or elsewhere on the internet more relevant to you.

f.               Other purposes: We may also disclose your personal information for the following purposes:

(1)           To comply with any court order, law, or legal process, including to respond to any government or regulatory request.

(2)           To enforce or apply the Website Terms and/or Additional Service Terms and other agreements, including for billing and collection purposes.

(3)           If we believe disclosure is necessary or appropriate to protect the rights, property, or safety of MemoryWell LLC, our customers, or others. This includes exchanging information with other companies and organizations for the purposes of fraud protection and credit risk reduction.

(4)           To allow us to pursue available remedies or limit the damages we may sustain.

(5)           As necessary or appropriate to otherwise address unlawful or harmful activity.

(6)           For any other purpose disclosed by us when you provide the information, or otherwise with your consent.

7.              Choices About How We Use and Disclose Your Information

7.1.         EXCEPT AS SET FORTH OTHERWISE HEREIN, YOU CONSTENT TO ALL USES SET FORTH HEREIN.

7.2.         We strive to provide you with choices regarding the information you provide to us. We have created mechanisms to provide you with the following control over your information:

a.              Tracking Technologies and Advertising. You can set your browser to refuse all or some browser cookies, or to alert you when cookies are being sent. If you disable or refuse cookies, please note that some parts of this site may then be inaccessible or not function properly.

b.              Email Communications From the Company. If we have sent you an email for any of the purposes listed in section 5.1.c, you can opt-out of future emails by using the unsubscribe link listed in each email in which it is provided, or by sending us an email stating your request to info@memorywell.com. This opt-out does not apply to emails from us communicating changes to this Privacy Policy.

c.              Targeted Advertising. If you do not want us to use information that we collect or that you provide to us to deliver advertisements according to our advertisers' target-audience preferences, you can opt-out by sending us an email stating your request to info@memorywell.com. For this opt-out to function, you must have your browser set to accept browser cookies. Please note this does not opt you out of being served advertising, and generic advertising may still appear on the Website.

7.3.         We do not control third parties' collection or use of your information to serve interest-based advertising. However these third parties may provide you with ways to choose not to have your information collected or used in this way. You can opt-out of receiving targeted ads from members of the Network Advertising Initiative (“NAI”) on the NAI's website.

8.              Information Collected Under Applicable Regulation

8.1.         Personal information includes “protected health information” (“PHI”) as defined in the Health Insurance Portability and Accountability Act of 1996 (“HIPAA.”)

8.2.         We collect PHI directly from you when you provide it to us, and by no other means.

8.3.         We use PHI to provide the Service to you, and for no other purposes.

8.4.         In accordance with the purpose set out in section 8.3 of this Privacy Policy, we may disclose PHI to the following third parties, and to no other third parties:

a.              Group companies, in accordance with section 6.2.a of this Privacy Policy.

b.              Service providers, in accordance with section 6.2.b of this Privacy Policy.

c.              Other users with access, in accordance with section 6.2.d of this Privacy Policy.

d.              As required by law, in accordance with section 6.2.f(1) of this Privacy Policy.

9.              Accessing and Correcting Your Information

9.1.         You may send us an email at info@memorywell.com to request access to, correction or deletion of any personal information that you have provided to us, including but not limited to any User Contributions showcased on our Website. We will endeavor to comply with any such request within a commercially reasonable time. Except for any User Contributions, we cannot delete individual pieces of your personal information except by also deleting your Login. We may not accommodate a request to change information if we believe the change would violate any law or legal requirement or cause the information to be incorrect.

9.2.         If you delete your User Contributions from the Website, copies of your User Contributions may remain viewable in cached and archived pages. Proper access and use of information provided on the Website, including User Contributions, is governed by the Website Terms and Additional Service Terms.

10.           Data Security

10.1.      We have implemented measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration, and disclosure. All information you provide to us is stored on secure servers behind firewalls. Any payment transactions and all information provided through forms on the Website will be encrypted using SSL technology.

10.2.      The safety and security of your information also depends on you. Where we have given you (or where you have chosen) a password as part of a Login for access to certain parts of the Website, you are responsible for keeping this password confidential and not to share your password with anyone.

10.3.      Unfortunately, the transmission of information via the internet is not completely secure. Although we do our best to protect your personal information, we cannot guarantee the security of your personal information transmitted to the Website. Any transmission of personal information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on the Website.

10.4.      You acknowledge that access to the Website and Service is to be provided over various facilities and communications lines, and information will be transmitted over local exchange and internet backbone carrier lines and through routers, switches, and other devices owned, maintained, and serviced by third-party carriers, utilities, and internet service providers, all of which are beyond our control (collectively, “Carrier Lines.”) We assume no liability for or relating to the integrity, privacy, security, confidentiality, or use of any information while it is transmitted over Carrier Lines, or any delay, failure, interruption, interception, loss, transmission, or corruption of data or other information attributable to transmission over those Carrier Lines. Use of the Website, Service and Carrier Lines is solely at your risk.

11.           Changes to This Privacy Policy

11.1.      We may revise and update this Privacy Policy from time to time in our sole discretion. All changes will be posted on the Website in a manner requiring your consent, and by changing the date of last revision on this Privacy Policy. If you have provided us with your email address in the process of ordering the Service, we may also communicate with you by email to inform you of any changes, and you are responsible for ensuring we have an up-to-date active and deliverable email address for you. All changes are effective immediately when we post them, and apply to all access to and use of the Website thereafter.

11.2.      Your consent to the posting of any changes on the Website means that you accept and agree to the changes. You are expected to check our Website and this Privacy Policy from time to time so you are aware of any changes, as they are binding on you if you have given your consent.

12.           Contact Information

To ask questions or comment about this Privacy Policy and our privacy practices, please contact us at info@memorywell.com.