Our Privacy Policy &
Terms of Service

Last updated: January 30, 2024

Part 1: Protecting Privacy and Personal Information

  1. Introduction

1.1     This website, the Foveo funeral experience platform (foveo.app; forever.link), and the DirectorView™ mobile application for live streaming (collectively “the Services”) are owned and operated by Foveo Memorial Services Inc. (Foveo Memorial).

1.2     Foveo Memorial is committed to safeguarding the privacy of its website visitors and all parties that use the Services; this policy sets out how we will treat your personal information.

1.3     By using the Services, you consent to these Terms of Service and Foveo Memorial’s Privacy Policy, governing the privacy and protection of personal information; furthermore, you consent to the use of cookies in accordance with the terms herein.

  1. Collecting personal information

2.1     We may collect, store and use the following kinds of personal information:

(a)      information about your computer and about your visits to and use of the Services (including your IP address, approximate geographical location, browser type and version, operating system, referral source, length of visit, page views and website navigation paths);

(b)      information that you provide to us when registering with our Services for a live stream broadcast or to view a recording;

(c)     information contained in or relating to any communications that you send to us or send through our website (including the communication content and meta data associated with the communication); and

(d)     information relating to any purchases you make of our goods and/or services or any other transactions that you enter into through our website or Services;

(e)      any other personal information that you choose to send to us.

2.2     Before you disclose to us the personal information of another person, you must obtain that person’s consent to both the disclosure and the processing of that personal information in accordance with the terms of this policy.

  1. Using your personal information

3.1     Personal information submitted to us through our Services will be used for the purposes specified in this policy or on the relevant pages of our website, services and software applications.

3.2     We may use your personal information to:

(a)      administer and deliver our Services and business;

(b)      personalise our Services for you;

(c)      enable your use of the features, services and information available through our website or other Services;

(d)      enable our funeral home and cemetery partners to deliver personalized online experiences;

(e)      deliver goods or services purchased through our website or other Services;

(g)      supply any services requested or purchased through our website or other Services;

(g)      send statements, invoices and payment reminders to you, and collect payments from you;

(h)      send you commercial communications;

(i)      send you notifications and emails related to the funeral events for which you register;

(j)      deal with enquiries or complaints made by or about you relating to our website or other Services;

(k)     keep our website and other Services secure and prevent fraud;

(l)     fulfil requests for information made by you.

3.3    We will never supply your personal information to any other third parties for the purpose of their or any further third party’s direct marketing.

  1. Disclosing personal information

4.1     Except as provided in this policy, we will not provide your personal information to third parties.

4.2     We may disclose your personal information to any of our employees, officers, insurers, professional advisers, agents, suppliers or subcontractors insofar as reasonably necessary for the purposes set out in this policy.

4.3     We may disclose your personal information to any member of our group of companies (this means our subsidiaries, our ultimate holding company and all its subsidiaries) insofar as reasonably necessary for the purposes set out in this policy.

4.4     We may disclose your personal information:

(a)      to the extent that we are required to do so by law;
(b)      in connection with any ongoing or prospective legal proceedings;
(c)      in order to establish, exercise or defend our legal rights (including providing information to others for the purposes of fraud prevention and reducing credit risk);

  1. International data transfers

5.1     Information that we collect may be stored and processed in and transferred between any of the countries in which we operate in order to enable us to use the information in accordance with this policy.

5.2     You expressly agree to the transfers of personal information described in this Section 7.

  1. Retaining personal information

6.1     This Section 8 sets out our data retention policies and procedure, which are designed to help ensure that we comply with our legal obligations in relation to the retention and deletion of personal information.

6.2     Personal information that we process for any purpose or purposes shall not be kept for longer than is necessary for that purpose or those purposes.

6.3     Notwithstanding the other provisions of this Section 8, we will retain documents (including electronic documents) containing personal data to the extent that we are required to do so by law.

  1. Security of your personal information

7.1     We will take reasonable technical and organisational precautions to prevent the loss, misuse or alteration of your personal information.

7.2     We will store all the personal information you provide on our secure (password- and firewall-protected) servers.

7.3     You acknowledge that the transmission of information over the internet is inherently insecure, and we cannot guarantee the security of data sent over the internet.

7.4     You are responsible for keeping the password you use for accessing our website and the Services confidential; we will not contact you to ask you for your password.

  1. Amendments

8.1     We may update this policy from time to time by publishing a new version on our website.

8.2     You should check this page occasionally to ensure that you continue to concur with the terms and conditions of this policy, including any changes published.

  1. Third party websites

9.1    Our website includes hyperlinks to, and details of, third party websites (generally those of the providers of funerary services).

9.2    We have no control over, and are not responsible for, the privacy policies and practices of third parties.

  1. Updating information

10.1   Please contact us by email (at privacy @ foveo.org) if the personal information that we hold about you needs to be corrected, updated or deleted.

Part 2:  Responsibilities of Foveo Memorial Services Inc.

  1. About Us

1.1. This website, the Foveo funeral experience platform (foveo.app), and the DirectorView™ mobile application for live streaming (collectively know as “the Services”) are owned and operated by Foveo Memorial Services Inc. (Foveo Memorial), a private Canadian corporation, federally registered under Canadian Corporation number: 777468869. Our business address is: 2 Mission Inn Grove, Ottawa, Ontario, K2R 1C6, Canada.

  1. Liability and Indemnity

2.1. The Services are provided on an ‘as is’ and ‘as available’ basis without any representation or endorsement made and we make no warranties or guarantees, whether express or implied, statutory or otherwise in relation to the information, materials, content or services found or offered on the Services for any particular purpose or any transaction that may be conducted on or through the Services including but not limited to, implied warranties of non-infringement, compatibility, timeliness, performance, security, accuracy, condition or completeness, or any implied warranty arising from course of dealing or usage or trade custom.

2.2. We will not be liable if the Services or any of the services provided through it are unavailable at any time.

2.3. We make no representation or warranty of any kind express or implied statutory or otherwise regarding the availability of the Services or that they will be timely or error-free, that defects will be corrected, or that the Services or the server(s) that make them available are free of viruses or bugs.

2.4. We will not be responsible or liable to you for any loss of content or material uploaded or transmitted through the Services, and we accept no liability of any kind for any loss or damage resulting from action taken in reliance on material or information contained on the Services.

2.5. We cannot guarantee and cannot be responsible for the security or privacy of the Services and any information provided by you as a user of the Services. You must bear the risk associated with the use of the internet. In particular, we will not be liable for any damage or loss caused by a distributed denial-of-service attack, any viruses, trojans, worms, logic bombs, keystroke loggers, spyware, adware or other material which is malicious or technologically harmful that may infect your computer, peripheral computer equipment, computer programs, data or other proprietary material as a result of your use of the Services or you downloading any material posted or sold on the Services or from any website linked to it.

2.6. We will use all reasonable endeavours to carry out our obligations within a reasonable period of time but will not be liable to you for any loss, costs or expenses arising directly or indirectly from any delays in doing so.

2.7. We will not be liable, in contract or tort (including, without limitation, negligence), or in respect of pre-contract or other representations (other than fraudulent misrepresentations) or otherwise for:

2.7.1. any economic losses (including without limitation loss of revenues, profits, contracts, business or anticipated savings and any other consequential loss); or

2.7.2. any loss of goodwill or reputation; or

2.7.3. any special or indirect losses; or

2.7.4. any loss of data.

2.8. You agree to fully indemnify, defend and hold us, and our officers, directors, employees and suppliers, harmless immediately on demand, from and against all claims, including but not limited to losses (including loss of profit, revenue, goodwill or reputation), costs and expenses, including reasonable administrative and legal costs, arising out of any breach of these Conditions by you, or any other liabilities arising out of your use of the Services or any other person accessing the Services using your personal information with your authority.

2.9. This clause does not affect your statutory rights as a consumer, nor does it affect your right to cancel your subscription or use license to one or more of the Services.

  1. Governing Law

3.1. This website and the Services are controlled and operated in Canada and are governed by the laws of the Province of Ontario.

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