Privacy Policy

Effective: August 1, 2019

This Privacy Policy describes how we collect, use and handle your personal information when you use our websites, software, and services (“Services”). By using our Services and submitting information you agree that we may use, collect and handle your information according to the terms of this Policy.

Information collected and use

We automatically collect information when you download and interact with our Services including your device’s IP address, and statistics about how you use our Services. We collect information that you submit when using our Services including, but not limited to, information about yourself such as your name and email; information about the decedent such as their name, date of birth, date of death, and postal address; or payment card information (which is collected by a third party service provider) if you make a purchase (name, billing and shipping address, card information, email and telephone number). We may collect information such as time of day or dates to help the user keep track of important phases such as statute of limitations, or geographic location so that the user can identify geographic specific content.

We use the collected information to personalize and enhance the customer experience, offer automated and individualized content. We also use the information for our legitimate business needs such as to improve our Services, grow our business and to offer our own, our affiliates’ or third-party products or services that we think you may find of interest. We use your contact information to respond to your inquiries or to provide information on products or services to you.

We use cookies and similar technology to collect aggregate (non-personal) information about usage of our Services by all of our visitors and to help us remember you and your preferences when you revisit our Services. These cookies may stay on your browser into the future until they expire or you delete them. We also use technology to remember your selections or history. Further general information about cookies and how they work is available at www.allaboutcookies.org.

We may allow selected third parties to place cookies through our Services to provide us with better insights into the use of Services or user demographics. These third parties may collect information about a consumer’s online activities over time and across different websites when he or she uses our website. We may also permit third party service providers to place cookies through our Services to perform analytic or marketing functions where you are notified of them and you have consented to the usage. We do not control the use of such third party cookies or the resulting information and we are not responsible for any actions or policies of such third parties.

Our Services are configured to respond to browsers’ “Do Not Track” signals. However, any information you submit will still be collected.

Children’s Privacy

Our Services are not designed nor intended to be attractive to use by children under the age of 18. We do not knowingly collect information from children under the age of 18. If you are under 18 please do not submit any information to us.

Accessing your information and your choices

You can update, amend or delete your information at any time by visiting the checklist. You can choose not to receive emails from us by “unsubscribing” using the instructions in any email you receive from us. This will not stop us from sending emails about your account or your transactions with us.

You can choose to delete or block cookies by setting your browser to either reject all cookies or to allow cookies only from selected sites. Please note that blocking cookies may affect your browsing experience and may limit your ability to use certain features of our Services, including many of the personalized features we provide for our users.

You may request your account be deleted by emailing hello@trytusk.com.

Sharing your information

Users may choose to share information they have uploaded with third parties including professional representatives of the estate, the user or the decedent, insurance or financial representatives, co-executors, beneficiaries and government or probate officials. Users who elect to share such information may do so through in-app sharing features or by generating a downloadable report. Users may also elect to communicate and share information with Tusk’ on-demand advisors. These advisors are not licensed by Tusk and may not be authorized to provide services requiring professional licensure such as legal or accounting services. Your use of Tusk’ on-demand advisor services and your reliance on any information provided by advisors is solely at the election of the user and outside the Services being provided by Tusk.

Tusk may reveal information about you to unaffiliated third parties: (1) if you request or authorize it; (2) if the information is provided to help complete a transaction for you; (3) if the information is provided to comply with the law, applicable regulations, governmental and quasi-governmental requests, court orders or subpoenas, to enforce our Terms and Conditions or other agreements, or to protect our rights, property or safety or the rights, property or safety of our users or others (e.g., to a consumer reporting agency for fraud protection etc.); (4) if the disclosure is done as part of a purchase, transfer or sale of services or assets (e.g., in the event that substantially all of our assets are acquired by another party, customer information may be one of the transferred assets); (5) if the information is provided to our agents, outside vendors or service providers to perform functions on our behalf (e.g., analyzing data, providing marketing assistance, providing customer service, processing orders, etc.); or (6) as otherwise described in this Privacy Policy.

We may share your information with our affiliated companies, but they are not permitted to use it for marketing purposes. We do not share your information with third parties for their marketing purposes.

We may share your non-private, aggregated, or otherwise non-Personal Information, such as usage statistics of our Services, to our affiliates and third parties.

Security

We are committed to keeping your information secure and testing vulnerabilities and continue to improve features to keep your information safe in addition to things like two-factor authentication. We deploy automated technologies to detect abusive behavior and content that may harm our Services, you or other users.

We use reasonable technical, administrative and physical measures to protect information contained in our system against misuse, loss or alteration. While we may use standard SSL technology to protect information being transferred to our Services, no method of electronic transmission or storage is 100% secure. If we receive instructions using your log-in information we will consider that you have authorized the instructions.

Data Processing and Cross-Border Data Transfers

Our Services are maintained on servers located in the United States, and personal information submitted is stored on our servers in the United States. If you are using our Services from outside the United States, please be advised that your information is transferred to our U.S. servers. Disclosing your personal information to us pursuant to this Privacy Policy is at your own risk. We strive to comply with US laws where we maintain our operations but we make no representations that the practices described in this Privacy Policy are compliant with laws outside the US that apply to the collection, security, use and disclosure of personal information. Links to other sites.

We may permit others to link to our Services or to post a link to their site on ours. We do not endorse these sites and are not responsible for other sites or their privacy practices. Please read their privacy policies before submitting information.

Changes to the Privacy Policy

As we grow and change we may amend this Privacy Policy. The Policy in effect at the time you use our Services governs how we may use your information. If we make material changes we will post the revised Policy and the revised effective date appropriately across our Services and will endeavor to provide notification to you. Please check back here from time to time to review any changes.

Contacting us

You can contact us by email at hello@trytusk.com with any questions concerning this privacy policy.

Terms and Conditions ("Terms")

Please read these Terms and Conditions (“Terms”, “Terms and Conditions”) carefully before using the Tusk website (the “Service”). These Terms govern the use of Tusk online and on mobile devices.

Your access to and use of the Service is conditioned upon your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who wish to access or use the Service. These Terms represent a binding contract between you and Tusk, and by creating an account or otherwise accessing Tusk, you expressly agree to be bound by them, INCLUDING THE AGREEMENT TO ARBITRATE AND WAIVER OF CLASS ACTION CLAIMS. The Terms incorporate the provisions of the Privacy Policy and Payment Policy, so please review them carefully as well.

By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms, then you do not have permission to use or purchase the Service.

Legal disclaimer

Information found on Tusk is general information which is designed to be helpful, but should not be construed as legal, tax or other professional advice. We've done our best to provide advice applicable to everyone, but we cannot guarantee the accuracy of this information for your case. You should consult an experienced attorney, tax professional or financial advisor for your particular situation.

Disclaimer

Your use of the Service is at your own risk. The Service is provided on an “AS IS” and “AS AVAILABLE” basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance. Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so these above may not apply to you.

Accounts

When you create an account with us, you guarantee that you are above the age of 18, and that the information you provide is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on the Service.

You are responsible for maintaining the confidentiality of your account, including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

You may not use the email or name of another person or entity. You may not use the identity of another person that is not permitted to use our service or that is not lawfully available for use.

We reserve the right to refuse service, terminate accounts, remove or edit content in our sole discretion.

You agree that we may send communications to your email address for customer service, confirmations, newsletters, product offers and other matters.

You may choose to opt out of much of this email correspondence by using the links at the bottom of our emails.

Please note that even if you opt out, we’ll still send you account-related emails, such as purchase confirmation and password reset emails.

Termination and cancellation

We may terminate or suspend your account and bar access to the Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms.

While we hope you find value in Tusk, you may cancel your account at any time by contacting our customer support team.

All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

Links to third-party websites

Our Service may contain links to third-party websites or services that are not owned or controlled by Tusk.

Tusk has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third-party websites or services. We do not warrant the offerings of any of these entities/individuals or their websites.

You acknowledge and agree that Tusk 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 use of or reliance on any such content, goods or services available on or through any such third-party websites or services.

We strongly advise you to read the terms and conditions and privacy policies of any third-party websites or services that you visit.

Restrictions

We expect that you will not misuse our Services. The following are prohibited and are grounds for immediate termination of your Tusk account:

  • Impersonate another person or use another person's Tusk account information without authorization;
  • Violate or attempt to violate Tusk's security features, including logging into a server that you are not authorized to access, or probing the vulnerability of Tusk systems and networks without our written permission;
  • Redistribute, decompile, reverse engineer, publish, or copy Tusk;
  • Use Tusk for the purpose of creating a product with a substantially similar look, feel or design;
  • Access or search Tusk by any means other than our publicly supported interfaces (e.g., "scraping");
  • Use Tusk or any trademarks, game names, trade names, service marks, copyrights, or logos of Tusk, in unsolicited mailings, spam material, contests or surveys, or to create the impression that these items are associated with you;
  • Violate any third party's rights, including intellectual property or privacy rights;
  • Engage in activity that is fraudulent, abusive, defamatory, illegal or otherwise inappropriate.

Indemnification

You agree to defend, indemnify and hold harmless Tusk and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees), resulting from or arising out of a) your use and access of the Service, by you or any person using your account and password, or b) a breach of these Terms.

Limitation of Liability

In no event shall Tusk, 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 the service; (ii) any conduct or content of any third party on the service; (iii) any content obtained from the service; 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.

In no event shall the total liability of Tusk to you for all damages, losses, and causes of action (whether in contract or tort, but not limited to, negligence or otherwise) arising from the terms of your use of Tusk exceed, in the aggregate, $100.00.

Changes

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will provide advance notice to you either by email, by posting a notification on our website or by posting an updated Terms on our website at least 30 days in advance of the effective date of the updated Terms. What constitutes a material change will be determined at our sole discretion.

By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Service.

Contact Us

If you have any questions about these Terms, please contact us at hello@trytusk.com

Severability and Waiver

If any part of the Terms is held invalid or unenforceable, the remaining provisions of the Terms will remain in full effect and an enforceable term will be substituted reflecting yours and our intent as closely as possible. Either party’s failure to enforce any term or condition in the Terms is not a waiver of its right to do so later.

Miscellaneous

The Terms are the complete and exclusive statement of the mutual understanding of the parties and supersede all previous written and oral agreements relating to the subject matter of the Terms. If there is any conflict between the Terms and any additional terms, conditions, and rules posted by Tusk, the Terms shall govern, unless otherwise indicated.