TERMS OF USE

Last Updated: May 2024

These Terms of Use govern your access to and use of our website and services provided by Parting Pro ("we," "us," "our"). By accessing or using our website and services, you agree to be bound by these Terms of Use.

1. ACCEPTANCE OF TERMS

By accessing or using our website and services, you agree to these Terms of Use and our Privacy Policy. If you do not agree with any part of these terms, you may not access or use our website and services.

2. Use of Services

You may use our website and services only for lawful purposes and in accordance with these Terms of Use. You agree not to use our website and services:

a. In any way that violates any applicable law or regulation.

b. To engage in any conduct that restricts or inhibits anyone's use or enjoyment of our website and services.

c. To engage in any conduct that could disable, damage, or impair the functioning or appearance of our website and services.

3. Intellectual Property Rights

All content, features, and functionality available through our website and services, including but not limited to text, graphics, logos, images, and software, are the property of Parting Pro or its licensors and are protected by intellectual property laws.

4. Third-Party Links

Our website and services may contain links to third-party websites or services that are not owned or controlled by Parting Pro. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites or services. You further acknowledge and agree that Parting Pro shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such websites or services.

5. Limitation of Liability

In no event shall Parting Pro, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential, or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use our website and services; (ii) any conduct or content of any third party on our website and services; (iii) any content obtained from our website and services; and (iv) unauthorized access, use, or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence), or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.

6. Indemnification

You agree to defend, indemnify, and hold harmless Parting Pro and its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms of Use or your use of our website and services.

7. Governing Law

These Terms of Use shall be governed by and construed in accordance with the laws of [Insert Jurisdiction], without regard to its conflict of law provisions.

8. Changes to Terms of Use

We reserve the right to modify or revise these Terms of Use at any time, and you agree to be bound by such modifications or revisions. Any changes will be effective immediately upon posting the revised Terms of Use on our website. Your continued use of our website and services following the posting of changes constitutes your acceptance of such changes.

9. Contact Us

If you have any questions or concerns about these Terms of Use, please contact us at support@partingpro.com.

Parting Pro (“we,” “us,” “our”), is committed to protecting your personal information. This Privacy Notice describes the personal information that we collect about you, how we use and disclose this information, and the steps we take to protect this information. For purposes of this Privacy Notice, “personal information” means any information that relates to you as an individual and could reasonably be used to identify you. This Privacy Notice applies to our collection and use of personal information through this website and any related websites, applications, tools, or platforms (the “Services”), as well as through any other means where a link or reference to this Privacy Notice is provided at the time of collection.

OUR SERVICES

Parting Pro is a provider of software services to funeral homes and crematories (our “Clients”), including website, payment processing, e-commerce, funeral management, search engine optimization, and marketing services. In connection with the provision of these services, Parting Pro collects and stores personal information regarding individuals who visit and utilize certain functions or features of our Clients’ websites (“End Users”). This Privacy Notice applies to Parting Pro’s collection and use of Client and End User personal information but not to our Client's use of such personal information. This Privacy Notice also applies to other personal information collected directly by Parting Pro, including through the use of our website or otherwise in connection with the Services.

PERSONAL INFORMATION WE COLLECT

When you access or use the Services or otherwise interact with us, whether as a Client, End User, or other individuals, we may collect certain categories of personal information about you from a variety of sources. Categories of personal information that we may collect from you directly include:

• Contact information (for example, name, job title, phone number, mailing address, and email address)
• Payment-related details (for example, banking information, billing address, or other credit card details)
• Account information (for example, username and password and transaction history)
• Communications (for example, submitted questions or other posts and marketing preferences)
• Recruitment data (for example, resumes and other details regarding an applicant’s qualifications)
  
  

Categories of personal information that we may collect automatically when you use the Services include:

• Technical information (for example, browser type, IP address, date and time of visit, cookies, geolocation, and operating system)
• Usage information (for example, pages visited, search terms entered, and frequency of visits)
  
  

Categories of personal information that we may collect from other sources, including from our Clients in connection with their use of the Services, include:

• End User contact information (for example, name, phone number, mailing address, email address)
• End User payment-related details (for example, billing address and other credit card details)
• End User funeral contributions, including memorial video data, obituaries, and posts and comments
• End User funeral administration data, including personal details regarding the deceased such as dates of birth and death and data used to identify the deceased virtually (including photos), affidavits certifying the identification of the deceased, and data related to the location from which such identification is made, life insurance claim forms and affidavits to ensure the dispersal of funds to cover funeral costs and other medical costs or living expenses and data required to file death certificates
• Lead data, including business contact data
  
  

We use Google Analytics to collect and analyze information about the use of the website and to help us understand activities and trends, this includes the use of Google Analytics performance reports relating to demographics and interests. As part of this service, we share a unique identifier with Google Analytics. You may opt out of Google Analytics by installing a Google Analytics opt-out browser add-on available for download here: https://tools.google.com/dlpage/gaoptout

Finally, we may collect personal information according to a legal or contractual requirement, and failure to provide such information may impact our ability to fulfill our obligations.

HOW WE USE YOUR PERSONAL INFORMATION

We may use the personal information we collect for the following purposes:

• Provide and improve the Services. We may use your personal information to provide and improve the Services, including to fulfill your orders and requests and to post your comments and other funeral contributions. We may also use your personal information to administer our business, for business development purposes, and to fulfill our contractual obligations.
• Risk mitigation and security. We may use your personal information for risk mitigation and security purposes, including to maintain the privacy and security of our data, to conduct internal audits or investigations, for data security testing and business continuity planning purposes, to prevent fraud and abuse, and to ensure the safety and security of our Clients, staff, and assets.
• Communication and marketing. We may use your personal information to communicate with you about the Services, respond to your questions, or offer you additional products or services.
• Comply with the law and exercise our rights. We may use your personal information as reasonably necessary to assess and ensure compliance with applicable laws, legal requirements, and company policies; to protect our assets or to investigate or defend against any claims of illegality or wrongdoing (including to obtain legal advice or to establish, exercise or defend legal rights); and in response to a court order or judicial or other government subpoena or warrant.
• Corporate transaction. We may use your personal information in the event we undertake or are involved in or contemplating any merger, acquisition, reorganization, sale of assets, bankruptcy, or insolvency event.
• Recruitment and hiring. We may use your personal information to evaluate your candidacy when you apply for a job with us.
  
  

We may also aggregate, anonymize, or otherwise de-identify your personal information and use it for any purpose permitted by applicable law.

USE OF COOKIES

When you use the Services, we may send one or more cookies (which are small text files containing a string of alphanumeric characters) to your computer or mobile device, to help analyze our web page flow (including tracking user sessions), customize our content, measure promotional effectiveness, and promote trust and safety. You are always free to decline our cookies if your browser permits, although doing so may interfere with your ability to use the Services or certain features of the Services. We may also use Google Analytics or a similar service that uses cookies to help us analyze how users use the Services.

We may also allow certain third parties such as advertising, analytics providers, and widget providers to place cookies to collect information about your online activities over time and across different websites when you access or use the Services. Currently, various browsers offer a “Do Not Track” option, but there is no standard for how “Do Not Track” should work on commercial websites. Where possible, we honor Do Not Track signals.

HOW AND WHEN WE DISCLOSE YOUR PERSONAL INFORMATION

We may disclose your personal information to the following categories of recipients, to be used only for legitimate purposes in keeping with this Privacy Notice:

• Group companies and affiliates. We may disclose, share, or transfer your information to any business entity that is part of our corporate family.
• Clients. We may share your information with our clients regarding our clients' provision of services to you.
• Service providers and professional advisors. We may disclose your information to third-party vendors who provide services in support of our business operations, such as website development and hosting, payment processing, e-commerce and marketing management, recruitment and hiring, service optimization, vendors that fulfill orders for funeral-related items such as flowers, and data analytics. We may also disclose your personal information to our professional advisors such as our attorneys, accountants, and insurance providers.
• Parties involved in a corporate transaction. We may disclose your information to relevant third parties in the event of a divestiture, merger, consolidation, or asset sale, or in the unlikely event of bankruptcy.
• Law enforcement or other governmental entities. We may disclose your information if required to do so by law or if we believe in good faith that such action is necessary to comply with the law, prevent unlawful activity, defend our rights, or maintain security.
• Other third parties with your consent. We may disclose your information to any other third party where you have provided consent to such disclosure.
  
  

SECURITY, RETENTION & TRANSFER OF PERSONAL INFORMATION

We have implemented and maintained commercially reasonable and appropriate technical and organizational measures designed to protect the confidentiality, integrity, and security of your personal information. Please note, however, that no security measures are perfect or impenetrable. We therefore cannot guarantee and do not warrant the absolute security of your personal information. We retain your personal information for no longer than reasonably necessary to fulfill the purposes for which we collected it or to comply with the law, prevent fraud, facilitate an investigation, defend against legal claims, or exercise our legal rights.

YOUR CHOICES & RIGHTS

You may decline to share certain information with us, in which case we may not be able to provide you with some of the features and functionality of the Services. Once you have registered for an account with us, you may update, correct, or delete your profile information and preferences at any time by accessing your account preferences page through the Services. If you do not wish to receive marketing communications from us, you can opt-out by using the unsubscribe process provided or described in any such communication, but you may still receive transactional or administrative communications from us. Although your changes are reflected promptly in active user databases, we may retain all information you submit for a variety of purposes, including backups and archiving, prevention of fraud and abuse, and analytics.

CHILDREN'S PRIVACY

We do not knowingly collect or maintain information from persons under 13 years of age (“children”), and no part of the Services is directed to children. If you are under 13 years of age, then please do not use or access the Services at any time or in any manner. If we learn that information has been collected through the Services from children and without verifiable parental consent, then we will take the appropriate steps to delete this information. If you are a parent or guardian and discover that your child has provided us with personal information without your consent, please contact us using the contact information below to request that we delete the information from our systems.

CALIFORNIA RESIDENTS

Supplemental to the above, the following additional information pertains to California residents only: 

Collection and Use of Personal Information

• Categories of personal information collected about California residents in the past twelve months include identifiers, other identifying information, characteristics of a protected class, commercial information, Internet or other electronic network activity information, geolocation data, education information, professional or employment-related information, and inferences drawn from such information. For examples of specific pieces of personal information collected, please see the “Personal Information We Collect” section above.
• Categories of personal information disclosed for a business purpose about California residents in the past twelve months include identifiers, other identifying information, characteristics of a protected class, commercial information, Internet or other electronic network activity information, geolocation data, education information, and professional or employment-related information.
• We do not sell personal information, nor do we share personal information with third parties for those third parties' direct marketing purposes.
  
  

Your California Privacy Rights

As a California resident, you have the following rights concerning your personal information:

• You have the right to request to know about the personal information collected, disclosed, or sold.
• You have the right to request the deletion of personal information.
• You have the right to opt out of the sale of your personal information at any time. Note that we do not currently sell personal information.
  
  

Finally, you have the right to not be discriminated against as a result of exercising your privacy rights. Accordingly, unless permitted by law, we will not deny you goods or services, charge you different prices or rates for goods or services, provide you with a different level or quality of goods or services, or suggest you will receive a different price or rate for goods or services or a different level or quality of goods or services.

To exercise your rights, you may contact us using the contact information provided below or call 1-866-748-3625. To fulfill your request, we may require additional personal information for purposes of verifying your identity. If you request an authorized agent, we may require additional information to verify your authorization of the agent.

CHANGES TO PRIVACY NOTICE

We reserve the right to make changes to this Privacy Notice at any time, without notice. We will notify you about changes that significantly impact our use of your personal information by placing a prominent notice on this website or by sending you an email. Please revisit this page periodically to stay aware of any changes to this Privacy Notice. For the avoidance of doubt, disputes arising hereunder will be resolved in accordance with the Privacy Notice in effect at the time the dispute arose.

CONTACT INFORMATION

Please contact Parting Pro Customer Support with any questions, comments, or concerns about this Privacy Notice: 

• Email: support@partingpro.com