They Live On
Contents
- Introduction
- Data Controller
- What Personal Data We Collect
- Why We Collect It, and Our Legal Basis
- Third Parties Who Process Your Data
- International Data Transfers
- How Long We Keep Your Data
- How We Protect Your Data
- Cookies and Embedded Content
- Children's Data
- Your Rights
- Marketing Communications
- Data Breach Notification
- Changes to this Policy
- Contact and Complaints
1. Introduction
This Privacy Policy explains how They Live On ("we," "us," "our") collects, uses, stores, and protects personal data in connection with the Evergreen Film and related services we provide. It should be read alongside our Terms & Conditions.
We are committed to handling personal data responsibly and in accordance with the General Data Protection Regulation (GDPR) and applicable Irish data protection law.
2. Data Controller
For the purposes of GDPR, They Live On is the data controller for personal data collected through our Create Yours onboarding form, email communications, and delivery process.
Contact: theyliveonfilms@gmail.com
3. What Personal Data We Collect
| Category | Examples |
|---|---|
| Contact details | Name, email address, phone number |
| Order details | Relationship to subject, occasion type, song choice, dedication text, delivery preferences, personalised message content, and other story details you provide |
| Submitted media | Photos, videos, and audio you provide for use in your Evergreen Film |
| Payment information | Payment confirmation details via Revolut. We do not directly store your card or bank details |
| Communications | Emails and messages exchanged with us regarding your order |
| Marketing preference | Whether you have opted in to receive marketing communications, and the date you gave that consent |
Where photos or videos you submit include other identifiable individuals (such as family members or friends), we process that data on the basis described in Section 4, and it is your responsibility to have appropriate permission to share it, as set out in our Terms & Conditions.
Some Evergreen Films (for example, a Baby's First Year Evergreen Film) will include photos or videos of children. We process this data on the basis of the submitting Client's own request and confirmed authority to share it, as set out in our Terms & Conditions, and only for the purpose of creating the Evergreen Film requested.
Photos or videos submitted for a Remembrance/Tribute or similar Evergreen Film may incidentally reveal sensitive details (for example, religious imagery, funeral settings, or health-related context). Such details are processed only for the purpose of creating your Evergreen Film, on the basis of your own submission and explicit request, and are never used for any other purpose.
Photos and videos may also incidentally include other personal details in the background, such as a car registration plate, house number, phone number, or email address. By submitting Materials for your Evergreen Film, you consent to such incidental details being included, where doing so is a natural part of preserving the moment and memory as they authentically occurred.
4. Why We Collect It, and Our Legal Basis
| Purpose | Legal basis |
|---|---|
| To create and deliver your Evergreen Film | Performance of a contract with you |
| To process payment | Performance of a contract with you |
| To communicate with you about your order | Performance of a contract with you / legitimate interest |
| To send marketing communications | Your explicit consent, given via the onboarding form checkbox |
| To maintain business and financial records | Legal obligation (tax and accounting requirements) |
| To improve our services | Legitimate interest |
5. Third Parties Who Process Your Data
We use a small number of trusted third-party services to help deliver our Services. These providers process data on our behalf and are subject to their own privacy policies and security practices:
- Google Drive — used to receive and temporarily store the photos and videos you submit.
- Gmail — used for email communication regarding your order, including confirmations, payment requests, and delivery.
- Netlify — used to host your private Evergreen Film delivery page, and to receive and store submissions made through our Create Yours onboarding form and waitlist form. Submissions are retained in Netlify's system until manually reviewed and deleted by us, which we aim to do promptly once your order has been processed into our own records.
- YouTube / Bunny Stream — used to host and stream your finished Evergreen Film video.
- Birme.net — used, where applicable, to resize and compress photos for use in a supplementary photo slideshow feature on your delivery page.
- Pexels — our homepage displays stock photography hosted directly by Pexels. Loading these images causes your browser to contact Pexels' servers directly, which may disclose your IP address and browser information to Pexels in the same way any image on any website does.
- VanceAI — used, where applicable, to repair or restore damaged or faded photos before editing. Uploaded images are encrypted, accessible only to us, and automatically deleted from VanceAI's servers within 24 hours.
- Google Photos and Gemini — used, where applicable, to enhance or improve submitted photos before editing, in the same way as our other photo-restoration tools.
- Dropbox — used, where a Client does not have a Google account, to receive submitted Materials via a File Request link that does not require the Client to hold a Dropbox account.
- WeTransfer — used, in limited cases, as a one-time link to deliver a finished Evergreen Film file directly to a Client without a Google account. WeTransfer links expire after a short period, typically around 7 days.
- Payment providers (Revolut) — used to process payment for your order.
We do not knowingly sell or rent your personal data to any third party for their own marketing purposes.
6. International Data Transfers
Some of the third-party services listed above (including Google, YouTube, VanceAI, Dropbox, WeTransfer, and Pexels) may store or process data outside of Ireland and the European Economic Area (EEA), including in the United States. Where this occurs, these providers are relied upon to maintain appropriate safeguards, such as Standard Contractual Clauses or equivalent mechanisms recognised under GDPR, as set out in their own privacy policies.
7. How Long We Keep Your Data
| Data type | Retention period |
|---|---|
| Submitted photos/videos (raw materials) | Up to 30 days after delivery of your Evergreen Film, after which they are permanently deleted |
| Finished Evergreen Film file | Ownership is transferred to you; we do not retain a copy after transfer is complete. From that point, you are responsible for retaining and backing up your own copy — see our Terms & Conditions. We are not responsible for lost access to this file if ownership has not been accepted. |
| Contact and order details | Retained for as long as necessary to provide the service, and afterward as required for accounting/tax purposes (typically up to 6 years under Irish law) |
| Marketing consent records | Kept until you unsubscribe or withdraw consent. After that, we keep a brief record that consent was given and later withdrawn (not the marketing content itself) — this is only to show, if ever required, that your preference was properly honoured. |
| Chosen Delivery password (where applicable) | Used solely to set your password on your Delivery page. We do not retain a record of it once set. |
Where you choose to password protect your Delivery, we provide guidance on choosing a stronger password at the point it is chosen, but are not responsible for, and do not police, the strength of any password you choose to set.
8. How We Protect Your Data
We take reasonable technical and organisational measures to protect your personal data, including restricting access to submitted materials to named individuals only (rather than open sharing links where practical), and removing our own access to your materials once no longer required.
No method of transmission or storage is 100% secure, and while we take reasonable care, we cannot guarantee absolute security of data transmitted to us or stored by third-party providers.
10. Children's Data
Our Services are not directed at, or intended for use by, children, and we do not knowingly collect personal data directly from children. Evergreen Films may of course include photos or videos of children as part of family content submitted by an adult Client; responsibility for appropriate consent in relation to such content rests with the submitting Client, as set out in our Terms & Conditions.
11. Your Rights
Under GDPR, you have the following rights in relation to your personal data:
- Right of access — to request a copy of the personal data we hold about you.
- Right to rectification — to request correction of inaccurate or incomplete data.
- Right to erasure — to request deletion of your personal data, where applicable.
- Right to restrict processing — to request that we limit how we use your data in certain circumstances.
- Right to data portability — to request your data in a portable format, where technically feasible.
- Right to object — to object to processing based on legitimate interest, or to marketing communications at any time.
- Right to withdraw consent — where processing is based on consent (such as marketing), you may withdraw it at any time.
To exercise any of these rights, please contact us at theyliveonfilms@gmail.com. We will respond within one month, as required under GDPR.
12. Marketing Communications
We will only send you marketing communications if you have opted in via the checkbox provided on our onboarding form. You may unsubscribe or withdraw this consent at any time by contacting us directly.
Only genuine marketing communications (such as a promotional update or newsletter) will include an unsubscribe option. Standard service communications relating to your order — such as upload instructions, delivery updates, or requests relating to your Evergreen Film file — are not marketing and do not require an unsubscribe option, as these are necessary to fulfil our contract with you.
13. Testimonials
We may feature client testimonials on our website, including a name and a short quote. We will only do this with your separate, explicit consent, given specifically for that purpose — agreeing to our Terms & Conditions or Privacy Policy does not itself permit us to publish a testimonial from you. You may withdraw this consent and request removal at any time by contacting us directly.
14. Data Breach Notification
In the unlikely event of a data breach affecting your personal data that poses a risk to your rights and freedoms, we will notify the relevant supervisory authority and, where required, affected individuals, in accordance with our obligations under GDPR.
15. Changes to this Policy
We may update this Privacy Policy from time to time to reflect changes in our practices or for legal reasons. The "Last updated" date at the top of this page reflects the most recent revision.
16. Contact and Complaints
If you have questions or concerns about how we handle your personal data, please contact us at theyliveonfilms@gmail.com.
If you are not satisfied with our response, you have the right to lodge a complaint with the Irish Data Protection Commission (DPC):
Website: www.dataprotection.ie