Updated October 4, 2024

1. Introduction.

Your privacy is important to us.  Trust & Will strives to ensure your information is secure and handled appropriately and in line with this policy.  This privacy policy applies to the information we collect about you in the course of our business, including: through trustandwill.com, any of our other websites, products, or services that include a link to this privacy policy, our products, and other related offerings operated by or on behalf of us, including our customer service features such as phone calls and chats. We refer to these products, services, and offerings collectively as the “Services.”

If you are using our Services, this policy applies to you.  If you disagree with any aspect of this policy, please do not use the Services.

This Privacy Policy is incorporated into our Terms of Service and governs your use of Trust & Will’s services.  When we use the terms “Trust & Will”, “T&W”, “we”, “us" and “our,” this refers to Huge Legal Technology Company, Inc. (the owner and operator of www.trustandwill.com) and its subsidiaries and affiliates.  If you have any questions about this policy or any other aspect of Trust & Will’s policies and services, please contact us at hello@trustandwill.com.

If you are a California resident, you can view our California Privacy Disclosures in Section 8 of this document entitled, "Notice to California Residents."

The Privacy Policy contains the following sections: 
The information we collect
How we use your information
How we disclose your information
Online analytics and advertising
Children’s privacy
Your rights and choices
Notice to California Residents
Transmission of information to other countries
Securing and storing your data
Retention of your data
Employee and applicant privacy
Policy modification
How to contact us

2. The information we collect.

The information we collect about you depends on the Services you use, how you use them, and the information you provide to us. We collect information in three main ways: (1) information you provide directly to us; (2) information we collect automatically through technology when you use the Services; and (3) information we collect from other sources.

A. Information you provide directly to us 

When you use our Services, you may provide certain information to us.  For example, we may collect information directly from you when you create an estate plan using the Services;  when you submit information into our forms and questionnaires; and/or interact with technical or customer support via chat or phone. 

The categories of information we collect directly could include: 

• Contact and account information, like your name, address, telephone number, username, email address, and login credentials.

• Government issued identifiers, like your driver’s license, passport number, or other issued government identification.

• Financial and transactional information, like your account number, credit card or other billing information, account balance when linked through a secure third party, the account type, institution, and ownership information, and purchase and transaction history. Note, your credit card information is processed by our payment processor; we do not collect this information.

• Customer service interaction information, such as messages submitted to us through online forms or email, and summaries or voice or video recordings of interactions with our customer service personnel.

• Information you provide in connection with surveys and sweepstakes, if you decide to participate in any, then you may provide certain information, such as basic contact information and other information relevant to the survey or promotion. 

• Other information you upload to the Services or otherwise provide with your consent, such as when you upload documents via the document upload feature or otherwise with your consent, where required or permitted by law. This may also include when you fill out a form or provide a Services review or communicate with us.  In certain circumstances, this information may include “sensitive personal information” (as defined in certain jurisdictions) to the extent you include such information in your estate plan or otherwise upload the information to the Service.

 B. Information we collect automatically through technology when you use the Services 

When you use our Services, we, our service providers, and our vendors may automatically collect certain information using a variety of third party-technologies, including cookies and similar tools.  For additional information on these technologies, please review the Online Analytics and Advertising section below.  

Some of the information we automatically collect when you use our Services includes:

• Device data: we, our service providers, and other vendors may collect and analyze information about the device(s) you use to access our Services.  This information might include your IP address, MAC address, browser language, unique device identifiers, the state or country from which you accessed the Services, operating system, Internet connection type and service provider, Wi-Fi network, software and hardware attributes (including device IDs, operating system, and browser type). 

• Usage data: we, our service providers, and other vendors may also use technologies such as cookies, beacons, and scripts to collect information on how you use our Services, the dates and times you access our Services, browsing behavior, page visits, the features you use, clicks and cursor movements, searches on the site, customer service interactions, and screen recordings. 

• Location Information. When you use the Services, we and our service providers may collect general location information from your computer or mobile device. “General” location information means information to identify the city and state in which your device is located based on its IP address. 

You can change your settings to notify you when a cookie is being set or updated, or to block cookies altogether. Please consult the “Help” section of your browser for more information (e.g., Internet Explorer, Google Chrome, Mozilla Firefox, or Apple Safari).  Please note that by blocking any or all cookies, you may not have access to certain features or offerings of the Services.

C. Information we collect from other sources

We may receive information about you from other Trust & Will users. Specifically, when a user shares the contact information of someone else through our shared access functions or within their estate plan documents, they assert that they have obtained that person’s consent to share that person’s information with Trust & Will.  We ask all users not to share anyone’s information without their consent or permission.  

We also may receive information about you from other sources, such as business partners, marketing partners, researchers, analysts, social media services, and other parties to help supplement our records. 

If you use the social media function to log into our website or otherwise connect to a third party network, platform, or services through the Services, you are authorizing us to collect, store, and use in accordance with this privacy policy any and all information (such as name, email address and location) that you agreed the network or other third party platform could provide to Trust & Will based on your settings on the third party network or platform. If you would like to limit the information shared in this way, please change your settings on the third-party network.

3. How we use your information.

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

A. To provide you with the services your requested, including to assemble and deliver your personalized estate planning documents, process payments, verify your identity, create and administer your account, carry out the requests you make throughout your use of our Services, and offer member support to make sure that you get the answers you are looking for and to solve any problems you encounter.

Please note that we also use the information you provide us to notify the people you choose about your estate plan. (This refers to the “Shared Access” feature, which only shares your estate plan with your direct consent, to an email address you choose.)

B. To communicate with you, for example, to keep you posted on your estate plan, Services and product updates, and changes to our terms, conditions, and policies.

C. For marketing, advertising, and analytics purposes, including sending you newsletters, promotional emails, surveys and information about products, services, and promotions offered by us, our partners, and other organizations with which we work and to allow us and our advertising partners to personalize the content and advertising that you see on the Services or other websites and mobile applications.  To learn more about how we use this information for online analytics and advertising, please see the “Online analytics and advertising section” below. 

D. To personalize your experience to provide the Services, including customizing certain features on the Services, remembering your preferences, and providing you with an enhanced experience based on your activities and interests.

E. To improve our Services, including bug detection and error reporting, to understand how users interact with our Services and advertisements, improve usability and effectiveness of our products, perform research and analytics, and to test and create new products, features, and services.

F. For our business operations, including maintaining your account, and for security, fraud prevention, and legal compliance, such as detecting security incidents and protecting against malicious, deceptive, fraudulent, or illegal activity.

G. For other purposes for which we seek your consent.  We may use your information for a specific purpose that we communicate to you. We will ask for your consent to process your information for such purpose in accordance with applicable legal requirements.

We may combine the information we collect through the Services with information we collect automatically or receive from other sources and use such combined information in accordance with this privacy policy. Your browsing activity may be tracked across different websites and different devices or apps. For example, we may attempt to match your browsing activity on your mobile device with your browsing activity on your laptop. To do this, our technology partners may disclose data, such as your browsing patterns, geo-location and device identifiers, and will match the information of the browser and devices that appear to be used by the same person.

We may also aggregate and/or de-identify information collected through our Services in such a way that the information cannot reasonably be linked to you or your device. We may use de-identified or aggregated data for any purpose, including for research and marketing purposes, and we may disclose such data to any third parties, including advertisers, promotional partners, sponsors, and others.

Note: that we may use artificial intelligence and large language models and tools to assist us in processing your information for the purposes described in this Section 3. 

4. How we disclose your information. 

We and our service providers disclose the information we collect from and about you in the following circumstances:

A. Vendors and Service Providers- We work with select third-party vendors to ensure we can provide our Services and operate our business, and we may provide access to or disclose your information to these vendors. They provide a variety of services we use, including: printing and mailing off your estate planning documents, facilitating filing of legal documents at your direction, or by connecting you with an attorney if you’ve purchased a form of attorney support, performing the services we’ve agreed to via the support of other similar service providers, payment processing, marketing, analytics, product design and development, data hosting and storage, security, fraud prevention, research, and legal services. We may engage a third party to host or operate any aspect of the Services, including any mechanism through which we send or receive communications, such as our email systems and our websites.

B. Corporate affiliates and subsidiaries- We may share your information with our corporate affiliates and/or subsidiaries who are subject to this privacy policy.

C. Corporate merger or acquisition- We may sell, transfer, or otherwise share some or all of our assets, including your information, in connection with a corporate transaction such as a merger, acquisition, reorganization, or sale of assets.  In such an event, you may receive notice if your data is transferred and becomes subject to a different privacy policy.

D. Legal compliance and protection of Trust & Will and others- We may release your information when necessary to comply with the law, enforce our site policies, or protect our rights or the rights of others regarding property or safety. 

F. Third-party services- We might link to or offer third-party services on our website.  If you click on any of those third-party offerings, we may facilitate disclosure of your information and documents you choose to use with those services if we have your consent to do so.  Your use of those services is not governed by our Terms of Service or this Privacy Policy.  We do not control the services of those third parties or how they use your information and documents.  Be sure to review the third-party’s terms and conditions, and privacy policy before using any third-party services.

G. Other third party partners- We may also disclose your information to other third parties.  For example, we may share certain of your contact information and information about the type of product your purchase so that these parties may contact you to offer you products, services, and promotions that you might find valuable.  We may also allow third-party advertising technologies on our Services that use cookies and similar technologies to deliver relevant and targeted content and advertising to you about the Services on other websites you visit and applications you use, as explained further in the “Online Analytics and Advertising” section below.

Please review “Your rights and choices” section for more information on how to opt out of such disclosures.

H. Aggregate/Anonymous Information- From time to time, we may disclose aggregated and/or anonymized information about the use of the Services.  The disclosure of such data is unrestricted. 

A note about Your feedback. If you submit a user testimonial, we may publish your testimonial on the Services. Our processing/disclosure of feedback and submitted content will be in accordance with our Terms of Service and any additional terms provided to you at the point of submission.

5. Online analytics and advertising. 

As you use our Services, we and our service providers collect a variety of information through the use of “cookies” and similar technologies, such as tracking pixels, to understand how you navigate through and interact with our Services, to learn what content is popular, to enhance the Services and provide you with a more relevant and personalized experience, for authentication and advertising purposes, to save your preferences, and to collect certain usage, device and location information as described in the “Information we collect automatically” section above.  We also use third-party services to send promotional emails to visitors to our website who may be interested in our products and services.

Online analytics 

We may use third-party web analytics services on our Services, such as those of Google Analytics. These service providers use the sort of technology described in the “Information we collect automatically” section above to help us analyze how users use the Services. The information collected by the technology will be disclosed to or collected directly by these service providers, who use the information to evaluate your use of the Services on our behalf. If you’d like to opt out of Google Analytics, please use the Google Analytics Opt-Out Browser Add-on located here: https://tools.google.com/dlpage/gaoptout. 

Online advertising 

We strive to provide you with relevant, tailored advertising regarding our Services. We do not serve third-party advertisements to you while using our Services. However, we do work with online analytics and advertising partners to: (1) better understand the use of our Services so that we can improve our Services; and (2) deliver Trust & Will advertisements that are more tailored to you both on our Services and on third-party Services.

To engage in these activities, our partners may place cookies, pixel tags and similar technologies on many online services, including ours. They use these technologies to collect information about your activities on across different online services to deliver you more relevant advertising. For example, they may use the information they collect from their cookies on our Services to identify Trust & Will products and services you might be interested in and to recognize your device so they can show you relevant Trust & Will advertisements while you are using another online service. Additionally, we sometimes provide basic information we collect (such as email addresses) to service providers, who may “match” this information in de-identified form to cookies, mobile ad identifiers, and other proprietary IDs, to provide you with more relevant ads when you visit other online services.

We do not have access to, and this Privacy Policy does not govern, the use of cookies or other tracking technologies that may be placed on devices you use to access our Services by non-affiliated third parties. If you are interested in more information about tailored browser advertising and how you can generally control cookies from being put on your devices to deliver tailored advertising, you may visit the Network Advertising Initiative’s Consumer Opt-Out link or the Digital Advertising Alliance’s Consumer Opt-Out link to opt out of receiving tailored advertising from companies that participate in those programs. For additional ways to opt-out of targeted advertising activities under applicable law, see the “Your rights and choices” section below.

Please note that these opt-outs apply per browser and per device, so you will have to opt out for each device—and each browser on each device—through which you access our Services.

6. Children’s privacy. 

Our services are intended for use only by those who are over 18 years of age.  We do not direct Trust & Will to children under the age of 18, and we do not knowingly collect or solicit information through the Services from any person under the age of 18.  Our documents allow for you to enter information regarding your dependent children, but we don’t collect that information without your direct consent to do so.  We restrict use of any data you submit regarding your minor children to the specific business purpose of helping you create your estate plan. We reserve the right to delete any information identified as having been provided through the Services from children under the age of 18 or about children under the age of 18 to the extent such information was not provided with the requisite consent. 

7. Your rights and choices. 

In addition to the other rights and choices described in this privacy policy, you have these rights and choices regarding your information:

Rights Regarding Your Information. Depending on your jurisdiction, you may have the right to make certain requests regarding your “personal information” or “personal data” and (as such terms are defined under applicable law, and collectively referred to herein as “personal information”). Specifically, you may have the right to ask us to:

• Inform you about the categories of personal information we collect or disclose about you; the categories of sources of such information; the business or commercial purpose for collecting your personal information; and the categories of third parties with whom we disclose personal information.

• Provide you access to and/or a copy of certain personal information we hold about you.

• Correct or update personal information we hold about you.

• Delete certain personal information we have about you.

• Provide you with information about the financial incentives that we offer to you, if any.

• Opt you out of the processing of your personal information for purposes of profiling in furtherance of decisions that produce legal or similarly significant effects, if applicable.

You may also have the right to opt out of “sales” of your information and “sharing/use of your information for targeted advertising” as described below.

As provided in applicable law, you also have the right to not be discriminated against for exercising your rights. Please note that certain information may be exempt from such requests under applicable law. For example, we need to retain certain information to provide our services to you. We also need to take reasonable steps to verify your identity before responding to a request, which may include, at a minimum, depending on the sensitivity of the information you are requesting and the type of request you are making, verifying your name and email address. Depending on your jurisdiction, you may be permitted to designate an authorized agent to submit certain requests on your behalf. In order for an authorized agent to be verified, you must provide the authorized agent with signed, written permission to make such requests or a power of attorney. We may also follow up with you to verify your identity before processing the authorized agent’s request. 

If you would like further information regarding your legal rights or would like to exercise any of them, please visit this link email us at legal@trustandwill.com or call us at 1 (866) 908-7878.

Depending on applicable law, you may have the right to appeal our decision to deny your request, if applicable. If we deny your request, we will provide you with information on how to appeal the decision, if applicable, in our communications with you. To exercise such an appeal right, email us at legal@trustandwill.com.

Marketing Communications. You can unsubscribe from our marketing emails via the unsubscribe link provided in the emails or by emailing us at legal@trustandwill.com. If you receive an unwanted SMS or text message from us, you may reply STOP to opt out of receiving future messages. Please note that it may take us some time, consistent with our legal obligations, to process your request. Even if you opt out from receiving marketing messages from us, you will continue to receive administrative messages from us, such as order confirmations, updates to our policies and practices, or other communications regarding our relationship or transactions with you. We will not disclose mobile phone numbers collected solely through our SMS text programs to unaffiliated third parties for their marketing purposes.

Notice of Right to Opt-Out of Sales of Personal Information and Processing/Sharing of Personal Information for Targeted Advertising Purposes. Depending on your jurisdiction, you may also have the right to opt out of “sales” of your information and “sharing/use of your information for targeted advertising.”

As explained in the “How we disclose your information” section above, we sometimes disclose information to unaffiliated third-party business partners we collaborate with or that provide offers that we think may be of value to you. This disclosure of information may be considered a “sale” under applicable laws.

We also provide personal information to third-party advertising providers for targeted advertising purposes, so that we can provide you with more relevant and tailored ads regarding our services or use analytics partners to assist us in analyzing use of our services and our user/customer base. The disclosure of your personal information to these third parties to assist us in providing these services may be considered a “sale” of personal information under applicable law, or, the processing/sharing of personal information for targeted advertising purposes.

If you would like to opt out of the disclosure of your information for purposes that could be considered “sales” for those third parties' own commercial purposes, or “sharing” for purposes of targeted advertising, please click here. 

Depending on your jurisdiction, you may be permitted to designate an authorized agent to submit such requests on your behalf. Please note that we do not knowingly sell the personal information of minors under 16 years of age without legally-required affirmative authorization.

Please note that if you have a legally-recognized browser-based opt out preference signal turned on via your device browser, we recognize such preference in accordance with applicable law.

Notice of Financial Incentives. We may offer opportunities to receive certain benefits, such as discounts, promotional entries, or other similar incentives, which may require the provision of personal information, such as answering surveys or providing additional feedback or information. Such opportunities could be considered a financial incentive under applicable law (each, an “Incentive Program”). Your participation in Incentive Programs is purely voluntary. When you participate in an Incentive Program, you agree to the terms of that Incentive Program, and may revoke your participation depending on the Incentive Program. The monetary value of the reward, discount, or incentive is a reasonable approximation of the monetary value of participation in the Incentive Program. We have arrived at this estimate based on consideration of multiple factors, including the following: (1) revenue generated by Trust & Will in connection with the Incentive Program; (2) expenses incurred by Trust & Will in operating the Incentive Program; and (3) improvement of products and services based on information obtained through the Incentive Program.

8. Notice to CA residents.

This section supplements our privacy policy with additional information for California residents about our information collection and use practices as required by the California Consumer Privacy Act, as amended (“CCPA”). In this section, the terms “personal information” and “sensitive personal information” have the meaning set forth in the CCPA. 

Under the CCPA, “sharing” is defined as the targeting of advertising to a consumer based on that consumer’s personal information obtained from the consumer’s activity across distinct online services, and “selling” is defined as the disclosure of personal information to third parties in exchange for monetary or other valuable consideration. As noted above, we sometimes disclose information to unaffiliated third-party business partners we collaborate with or that provide offers that we think may be of value to you. This disclosure of information may be considered a “sale” under applicable laws. We also “share” information with our advertising partners to provide more relevant and tailored advertising to you regarding our Services. Moreover, our use of third-party analytics services and online advertising services may result in the sharing of online identifiers (e.g., cookie data, IP addresses, device identifiers, and usage information) in a way that may be considered a “sale” under the CCPA.

The following chart provides information about our practices in the 12 months leading up to the effective date of this privacy policy in relation to the categories of personal information that we collected from California residents generally, the purposes for which we use the information, the categories of third parties to whom we disclose the information for business purposes, and the categories of third parties to whom we “share” or “sell” the information for advertising/analytics purposes.

For more information about each category, purpose of use, and the third parties to which we disclose information, please see the “Information we collect,” “How we use your information,” and “How we disclose your information” sections above.

Your Choices Regarding “Sharing” and “Selling.” You have the right to opt out of Trust & Will’s sale/sharing of your personal information for purposes of online analytics and advertising by clicking the “Your Privacy Choices” link in the footer of our site. Please note that we will also honor browser-based opt out signals (such as the Global Privacy Control) in accordance with our legal obligations.

To opt out of the offline disclosure of your information to third parties for these purposes and as otherwise explained herein, please email us at optout@trustandwill.com.

Other CCPA and California rights.

Right to Limit. The CCPA allows you to limit the use or disclosure of your “sensitive personal information” (as defined in the CCPA) if your sensitive personal information is used for certain purposes. Please note that we do not use or disclose sensitive personal information other than for business purposes for which you cannot opt out under the CCPA.

Personal Information rights. Please see the “Your rights and choices” section above for information about the additional rights you have with respect to your personal information under California law and how to exercise them.

Retention of Your Personal Information. Please see the “Retention” section below.

Do Not Track (“DNT”). DNT is a privacy preference that users can set in certain web browsers. DNT is a way for users to inform websites and services that they do not want certain information about their webpage visits collected over time and across websites or online services. Except as otherwise described herein with respect to legally required browser-based opt outs, we do not recognize or respond to browser-initiated DNT signals, as there is no industry-wide framework for DNT signals. Learn more about Do Not Track. Please note that Do Not Track is a different mechanism that the legally-recognized browser-based opt out preference signal mentioned above.

California “Shine the Light” disclosure. The California “Shine the Light” law gives residents of California the right under certain circumstances to opt out of the disclosure of certain categories of personal information (as defined in the Shine the Light law) with third parties for their direct marketing purposes, or in the alternative, that we provide a cost-free means for consumers to opt out of any such disclosure. You can exercise your right to opt out by emailing us atoptout@trustandwill.com. 

9. Transmission of information to other countries. 

Please note that Trust & Will is located in the United States and provides the Services, and processes your data, in the United States. Trust & Will may subcontract the processing of your data to, or otherwise disclose your data to, service providers and trusted business partners in countries other than your country of residence, including the United States, in accordance with applicable law.  By submitting your information to us you agree to the transfer, storage, and processing of your personal information in a country other than your country of residence including but not necessarily limited to the United States.

10. Securing and storing your data.

 We use a variety of technical, physical, and organizational security measures designed to protect against unauthorized access, alteration, disclosure, or destruction of information. You must keep your password confidential, and you should always log out and close your browser when you finish your session.

Our service is built on top of Amazon Web Services (AWS). Amazon maintains ISO 27001 and SAS70 Type II certification for the AWS infrastructure, and has years of experience managing and securing large-scale data centers. More details about AWS security are available here.

However, no security measures are perfect or impenetrable. As such, we cannot guarantee the security of your information.

11. Retention of your information. 

We retain information for different periods of time depending on the purposes for which we collect and use it, as described in this privacy policy. We will delete or de-identify information when it is no longer needed to fulfill these purposes unless a longer retention period is required to comply with applicable laws. There may be technical or other operational reasons where we are unable to fully delete or de-identify your information. Where this is the case, we will take reasonable measures to prevent further processing your information.

12. Employee and Applicant Privacy.  

To learn how we collect and use employee and/or applicant data, please review our Employee and Applicant privacy policy here.

13. Policy modification. 

From time to time we may change or update this privacy policy to reflect changes in the law, our data collection and use practices, the features of our Services, or advances in technology. We will post all updates here, and we may provide additional notice through the Services or contact you through other methods to alert you of material changes to this policy, in accordance with applicable legal requirements. 

14. How to contact us.

Any questions you have regarding this policy should be directed to: legal@trustandwill.com.