Privacy Policy

Farvel’s Commitment to our users

We want you to feel relaxed knowing we will ensure the following commitment to you:

  • You own your personal information, letters, wishes, and photos and videos at all times.
  • You control who can access your personal information, letters, wishes, photos and videos.
  • We will never share your personal information except as set forth in this Privacy Policy.

Welcome to Farvel Pty Ltd or myfarvel.com (the “Service”) (referred to herein as “Farvel,” “MyFarvel,” “our,” “we,” or “us”). This Agreement applies to all visitors, users, and others who access the Service (“Users”).

This policy provides you with details on the information we collect from you and the uses we make of your information. If you do not want us accessing and/or using your Personal Information as described herein, please do not provide us with any.

This policy may be updated from time to time, so please check back periodically. We will notify you about significant changes in the way we treat Personal Information by placing a prominent notice on our Website and/or App or as may be required by law, so that you can choose whether to continue using it. If you continue to use or access the Service made available to you after such changes have been made, you hereby provide your consent to the changes.

We encourage you to read this policy to learn more about what information of yours we collect, how we use it, and how you can ‘opt-out’ of certain communications and uses of your data. Additionally, this policy includes information about how we endeavour to protect your data. If you have any questions about our collection and use of your information, please contact us at info@myfarvel.com.

1. Information Collection

(a) Personally Identifiable Information. When you create an account for our Service, we may collect information that specifically identifies you, including without limitation your name, address, phone number, date of birth, gender, photos, credit card information, or e-mail address (‘Personally Identifiable Information’) and other such information that you choose to provide us. We do not collect any Personally Identifiable Information unless you voluntarily share that information with us. For example, you may choose to send us Personally Identifiable Information about yourself in an email, when registering for the Service or uploading content to the Service, by completing an online contact request form on the Service, or by purchasing a product or paid subscription. We use this information to contact you to respond to your inquiry and as otherwise permitted by this privacy policy. If you contact us, we may keep a record of that correspondence. You may also choose to, in a manner consistent with our Terms and Conditions, share information about your children or other family members including the name, birthdate, gender, weight, height, personal milestones, and other such information about those persons. When you choose to share your Personally Identifiable Information or the Personally Identifiable Information of your family members with other users of the Service (e.g., by inviting your friends, family members, or other users to see and interact with your albums etc.), you agree that they may view or otherwise access the Personally Identifiable Information that you share with them and acknowledge that we cannot control and/or be liable for how they may use that information.

(b) Non-Personally Identifiable Information. Our Service may collect certain information that does not specifically identify you (‘Non-Personally Identifiable Information’), including without limitation clickstream data, IP type, IP host address, ISP address, cookie IDs and segment IDs associated with cookie IDs, pages viewed and/or search terms entered, browser type, operating system, duration and frequency of visits, anonymous usage statistics including frequency of messaging and interaction with other users, clickstream data, other log file data, or social analytics and tracking measurements that do not identify any individual. We may also collect device type, make and model, operating system, carrier, user ID, similar device IDs, and information about the Services you use. Please note that we may use third party service providers to help operate and provide services in connection with our Service and these third party service providers may collect Non-Personally Identifiable Information from our Service as well. To be clear, some types of Non-Personally Identifiable Information (including, for example, your IP address and certain unique device identifiers or cookie IDs), may be specific to a particular computer or device, and may be considered “personal data” or “personal information” as specifically defined in some jurisdictions.

2. Information Usage

We may use your information to provide and improve the Service and to fulfil any other purpose for which you provide your information, to contact and correspond with you, as well as to prevent or address service, security, technical issues at your request in connection with customer support matters, to verify your identity and, if applicable, authorization for you to use the Service, to provide you with notices about your account, to notify you about changes to our Services or any products or services we offer or provide through it, other business purposes such as to carry out our obligations and enforce our rights arising from any contracts entered into between you and us (including our Terms and Conditions), adding you to our marketing lists, and for internal research for technological development and demonstration. We may also share or permit our vendors and subcontractors to access your information to help us provide the Service to you including payment processors, email providers, host providers, your credit card issuer, a third-party credit verification company, the product handler and the delivery service, data storage facilities, and other companies that help us provide the Service.

WE WILL NOT SELL, SHARE OR TRADE THE PERSONAL INFORMATION YOU SUBMIT TO ANY UNRELATED THIRD PARTIES, MASS MARKETERS, OR TO OTHER NON-AFFILIATED ENTITIES FOR THEIR MARKETING PURPOSES WITHOUT YOUR CONSENT. Your Personal Information will not be visible to other users of the Service unless you provide them with access to it. We may disclose your information, including your Personal Information, to third parties who are providing services on our behalf, as well as when we reasonably believe we are obligated to do so by law, and in order to investigate, prevent, or take action regarding suspected or actual prohibited activities, or to enforce our legal rights, including but not limited to, fraud and situations involving potential threats to the safety of any person or property. In the event another company acquires all or most of our assets, all data compiled or owned by us may be among the items transferred in that transaction. In such event, all the data will continue to be governed by this privacy policy. Finally, please note that if you specifically consent to additional uses of your Personal Information, we may use your Personal Information in manner consistent with that consent.

We use the Non-Personally Identifiable Information we collected through the Service for a variety of purposes, including to analyze interactions with and performance of the Service, and to enable us to improve our Services and the Farvel platform. We may also use Non-Personally Identifiable Information data from third parties (such as data vendors) pursuant to their own privacy policies. Similarly, we may enhance the Non-Personally Identifiable Information collected via our Service with Non-Personally Identifiable Information collected from our business partners.

We may, to the extent permitted by applicable law, collect or create information that is not Personal Information such as sets of aggregate data and other generalized information, including information about browsing, usage and interactions and de-identified personal information that does not reveal your identity. We retain the right to use and disclose such aggregated or anonymous information in any manner permitted by law. Notwithstanding anything to the contrary herein, Farvel may use automated processes and machine learning to analyze User Content, User Submissions, Feedback and Responses (as defined below), which helps us to aggregate response data and activity, identify trends, build product features that optimize responses, make product recommendations and provide guidance on which content, products and services work best in different scenarios.

Farvel may use any reports, comments, ratings, reviews and suggestions in any form regarding the Services that you provide (collectively the “Feedback”) and/or any responses to surveys, inquiries or questionnaires that you provide (collectively, the “Responses”). You grant Farvel a worldwide, non-exclusive, irrevocable, perpetual, royalty-free right and license to incorporate and use the Feedback and Responses. We use Feedback and Responses on an aggregated and anonymized basis. We will never sell individual Feedback or Response data or identify / contact individual respondents except on your request or where required by law. You agree that Farvel may use and share your Feedback and Responses in accordance with this policy and applicable data protection laws.

3. Cookies and Similar Technologies

A ‘cookie’ is a small amount of data sent to your browser from a web server and stored by your computer. We, our business partners and advertisers may use cookies (or clear gifs, web beacons or similar devices, including devices that function in the mobile environment and in emails) to collect information from users for purposes such as tracking Service visits and to measure visitor patterns or to determine whether an email and its contents have been viewed.

This information is also used to improve the Service and enhance your experience. For example, we may use the information to provide you with services that are easy to use, enable you to move around the Service and use its features, such as accessing secure areas, and store information or preferences so that we can respond faster. Cookies are not used to retrieve Personal Identifiable Information from your computer or device, or to retrieve other information from your computer or device for purposes that are unrelated to the Service or your interaction with the Service. We reserve the right to disclose or utilize any of this information in aggregate form, for any purpose permitted by law, in our sole judgment. Third party advertisers that serve ads on the Service may also use their own cookies.

We may also use and place cookies on your device from our third party service providers in connection with the website, such as an analytics provider that helps us manage and analyse website usage. For example, we use Google Analytics to understand how visitors interact with our Service. The type of information Google collects include pages visited, videos viewed, etc. This information helps us learn things like what pages are most attractive to our visitors, which of our products most interest our customers, and what kinds of offers our customers like to see. For more information learn how Google uses data when you visit their partners’ sites or apps. You can opt out of Google Analytics on most browsers through the mechanisms made available by Google.
We use session ID cookies and persistent cookies. A session ID cookie expires when you close your browser. Our persistent cookie remains active on your hard drive until they expire or are deleted.

You may stop or restrict the placement of cookies on your computer or remove them from your browser by adjusting your web browser preferences. To learn about cookies in general you may visit http://www.allaboutcookies.org. Note that this may cause some features of the Service to work incorrectly. Please note that cookie-based opt-outs are not effective on mobile applications. However, on many mobile devices, applications users may opt out of certain mobile tracking activities via their device settings.

4. Interest Based Advertising

Advertisements for our products and Service may appear on third party websites around the Internet. Some websites and services deliver these advertisements based upon data that has been previously collected about your past behaviour online.

We do not control such third party websites or services on which these advertisements appear. Further, we do not control how they collect and use data about your online activities. However, you may opt-out of being tracked online by certain companies by visiting http://www.aboutads.info/choices/ and http://www.networkadvertising.org/managing/opt_out.asp If you opt-out, you will still receive advertisements, but they will not be delivered to you based upon your behavioural data possessed by the companies from whom you have opted-out. This process relies upon an opt-out cookie, so if you delete your cookies or use a different computer, you will have to repeat this process.

5. Clickstream

As you use the Internet, a trail of electronic information is left at each website you visit. This information, which is sometimes referred to as “clickstream data,” can be collected and stored by a website’s server. Clickstream data can tell us the type of computer and browsing software you use and the address of the website from which you linked to the Service. We may collect and/or use clickstream data to anonymously determine how much time visitors spend on each page of the Service, how visitors navigate throughout the Service and how the Service may be better tailored to meet the needs of visitors. This information will be used to improve the Service. Any collection or use of clickstream data will be anonymous, and will not intentionally contain any Personal Identifiable Information.

6. Security

We have undertaken and will undertake commercially reasonable efforts to prevent unauthorized Internet access to user data retained in our servers. To help prevent unauthorized access, maintain data accuracy, and ensure the appropriate use of information, we adhere to industry standard practices and procedures to help safeguard and secure the information we collect. However, due to the inherent open nature of the Internet, we cannot ensure or warrant the security of any information provided online, and you assume this risk by using the Service. We may aggregate Personally Identifiable Information and retain it for analytical purposes. We may retain your Personally Identifiable Information, if provided by you through the Service, for as long as your inquiry and/or account is active (as determined by us) and for a reasonable time thereafter, or if applicable, for as long as you remain on our marketing list. We also may retain your Personally Identifiable Information for a longer period of time as needed to provide you services or as necessary to comply with our legal obligations, to resolve disputes, and to enforce our agreements. Even if we delete some or all of your Personally Identifiable Information, we may continue to retain and use aggregate, anonymous data previously collected and/or anonymize and aggregate your Personally Identifiable Information. To the fullest extent permitted by law, please note that we will not be liable for disclosures of your data due to errors or unauthorized acts of third parties, including third party host providers.

7. Keeper & Legacy Contact Information

Farvel invites you to assign keeper/s that you trust to help create, manage, upload and share your Farvel information whilst you are alive. This keeper can also assist you manage and share your data after you pass away. You can provide different levels of access to different keepers. You provide their email and then assign their access rights. You can edit and remove keepers. You will also be asked to assign one of your keepers as your legacy contact by selecting the legacy contact option. This person will assume primary responsibility of your Farvel account in the event of your death. In the case where a Farvel account holder /user tries to assign a keeper who themselves has an existing Farvel account, a different email account (different to their existing account email) must be used to successfully add them as a keeper onto your account. If a keeper already has an account and they try and become a user, then the same principle applies. 

8. Links to Third Party Services and Social Media Platforms

The Service or advertisements we may place may contain links to other websites or applications. Other websites or applications may also reference or link to our Service. Some of our third-party website or technology partners may place their own cookies and/or other data collection tools on your Internet browser; however, we have no access to or control over these cookies and/or other data collection tools. These other domains, websites and/or Services are not controlled by us. We encourage our users to read the privacy policies of each and every website and application that they interact with. We do not endorse, screen or approve, and are not responsible for the privacy practices or content of such other websites or applications. Visiting these other websites or applications is at your own risk

Our Service may also contain links to social media platforms, and you may be given the choice of connecting to one or more social media platforms from this Service. If you choose to do so, then depending upon your social media privacy settings, the personal information that you post, transmit, or otherwise make available on the social media platform may be viewed and/or used by others and we will have no control over such viewing and use. We do not control and are not responsible for any use of your information by or through any of the social media platforms. By linking to any social media platform, you will be assuming the risk that the information you provide on that platform may be viewed and/or used by third parties for any purposes and agree that we have no control or responsibility for such third party viewing and uses.

9. Information Relating to Children

Our Service is designed for those 18 years of age and older. We do not knowingly collect information from anyone under the age of 18. If we are made aware that we have received such information, or any information in violation of our policy, we will use reasonable efforts to locate and remove that information from our records.

10. Policy Modifications

We reserve the right, at our discretion, to modify, add, or remove portions from this policy at any time. However, if at any time in the future we plan to use any data in a way that materially differs from this policy, we will post such changes here. We encourage you to periodically review the Service for the latest information on our privacy practices.

11. Terms and Conditions

Use of this Service is governed by, and subject to, the legal notices contained at the Terms and Conditions. Your use, or access, of the Service constitutes your agreement to be bound by these provisions.

12. Opt-Out

By providing your email address to us, you expressly consent to receive email from us. To the extent you have provided us with such contact information, we may contact you by email, telephone or otherwise to verify your account, and for informational, application functionality and operational purposes (provided that we will not give your email address or mobile number to another party to promote their products or services directly to you). If you receive an email from us, you may unsubscribe from future unsolicited emails through a link, typically at the bottom of the e-mail.

If you have consented to have your Personal Information shared with any third party who may use such information for direct marketing purposes and you no longer wish to have your Personal Information shared with such parties, then you may opt-out of such disclosures by sending an email to info@myfarvel.com. However, we are not responsible for removing your Personal Information from the lists of any third party who has previously been provided with your information in accordance with this privacy policy or your separate consent.

On most devices, App users may opt out of mobile communications via their device settings. You may also stop or restrict the placement of cookies on your computer or remove them from your browser by adjusting your web browser preferences. In addition, you may request that we delete your Personal Information by emailing your request to info@myfarvel.com and we will process your request within a reasonable time after receipt.

Please note that we do not respond to or honour ‘do not track’ (a/k/a DNT) signals or similar mechanisms transmitted by web browsers. However, if you do not want to receive targeted advertisements, then you can opt-out of being tracked by our vendors.

For more information about how to opt-out of such tracking, please visit http://www.networkadvertising.org/choices and http://www.aboutads.info/choices/ or similar sites. Opting out of interest-based advertising does not mean that you no longer will see any advertisements; rather, you will still see advertisements that are general and not tailored to your specific interests and activities.

Please note that there might be a brief delay between when you submit your request to ‘opt-out’ and when it is processed and reflected in our systems; accordingly you may continue to receive communications from us for a limited time after you unsubscribe. We appreciate your patience.

13. Data Access Rights

We use reasonable processes to ensure compliance with this privacy policy and periodically verify that the policy is accurate. We encourage you to raise any concerns using the contact information provided below, and we will investigate and attempt to resolve any complaints and disputes regarding use and disclosure of information. You may also request access to your Personal Identifiable Information (if you have provided Personal Identifiable Information to us through the Service) and information about our collection, use and disclosure of that information by using the contact information provided below. Subject to certain exceptions prescribed by law, you will be given reasonable access to your Personal Identifiable Information, entitlement to challenge the accuracy and completeness of the information, and the ability to have it amended as is appropriate. You can help us maintain the accuracy of your information by notifying us of any changes to your Personal Identifiable Information.

14. Retention

Farvel will retain your Personal Information for the period of time that is necessary to fulfil the original purposes for which it has been collected. Please keep in mind that, in certain cases, a longer retention period may be required or permitted by law or to allow us to pursue our business interests, conduct audits, comply with our legal obligations, enforce our agreements or resolve any dispute.

The criteria used to determine our retention periods include:

  • Time needed to provide you with the Service.
  • Whether your account with us is active. You may contact us to make your account inactive at any time.
  • Legal, contractual, or similar obligations to retain your data, such as mandatory data retention laws in the applicable jurisdiction, government orders to preserve data relevant to an investigation, or data that must be retained for the purposes of contract or litigation.

Please note that we are not responsible for storing any information that you provide to us or for any content or information that we provide to you. You are solely responsible for retaining backup files of any information and content that you provide or receive in connection with the Service.

15. Contact

For questions or concerns relating to this Privacy Policy or your information, we can be contacted using the information below. Our data privacy manager can be contacted here: info@myfarvel.com. If you are located in a country or region outside of Australia and have any complaints regarding our privacy practices, you have the right to complain to a supervisory authority.

Via Email: info@myfarvel.com