KAPALA LLC
PRIVACY POLICY
Effective Date: February 13, 2026
This Privacy Policy ("Policy") describes how Kapala LLC, a Tennessee limited liability company ("Kapala," "we," "us," or "our"), collects, uses, stores, shares, and protects personal information in connection with our web-based platform, web application, websites (including kapala.me and all subdomains), APIs, interactive maps, digital memorials, tour features, navigation tools, marketplace, and all associated features and functionality (collectively, the "Service").
This Policy applies to all users of the Service, including Cemetery Operators (cemetery and memorial site operators who maintain accounts and subscriptions), Contributors (individuals who submit content to memorial pages), and Visitors (individuals who browse or use the Service without an account). Capitalized terms not defined herein have the meanings given in our Terms of Service.
By accessing or using the Service, you acknowledge that you have read, understood, and agree to the collection, use, and disclosure of your information as described in this Policy. If you do not agree with this Policy, please do not access or use the Service.
We collect different categories of information depending on how you interact with the Service. The information we collect falls into three categories: information you provide directly, information collected automatically, and information received from third parties.
1.1 Information You Provide Directly
Cemetery Operator Account Registration
When a Cemetery Operator creates an account, we collect:
Additionally, our payment processor (Stripe, Inc.) collects financial and tax information on our behalf during the onboarding process, including tax identification number (EIN), bank account details, and payment method information. Kapala does not directly store credit card numbers, bank account numbers, or tax identification numbers — this information is collected, processed, and stored by Stripe in accordance with Stripe's privacy policy.
Contributor Submissions
When a Contributor submits content to a memorial page (such as photographs, stories, or tributes), we collect:
We do not collect a Contributor's relationship to the deceased individual or any other demographic information at the time of submission. We may use the Contributor's email address to communicate about their submission or about the Service.
Marketplace Purchases
When you make a purchase through the Marketplace (flowers, work orders, digital memorials, or tours), we collect:
Payment information (credit card numbers, billing details) is collected and processed directly by Stripe or, for flower orders, transmitted to our third-party florist partner (FloristOne) via their API. Kapala does not store payment card information on its servers. For flower orders, we transmit payment authorization tokens to FloristOne to complete the transaction; we do not retain card details after transmission.
Memorial and Cemetery Data
Cemetery Operators may upload or enter information about deceased individuals, including names, dates of birth and death, biographical details, inscriptions, plot locations, family relationships, veteran status, and photographs. This information relates exclusively to deceased individuals and is not considered "personal information" of living persons under most privacy laws. However, we treat this data with the respect and care it deserves given its sensitive nature.
Communications
If you contact us via email, phone, or through the Service, we collect the content of your communications and any information you choose to provide.
1.2 Information Collected Automatically
When you access or use the Service, we automatically collect certain technical and usage information:
1.3 Information from Third Parties
We use the information we collect for the following purposes:
Kapala uses a minimal set of cookies and similar technologies. We do not currently use third-party analytics services (such as Google Analytics), advertising pixels (such as Facebook Pixel), retargeting tools, or behavioral tracking technologies.
The cookies and similar technologies we use include:
We do not use cookies for advertising, cross-site tracking, or behavioral profiling. Because we only use strictly necessary and security cookies, a cookie consent banner is not currently required under most applicable laws. If we introduce non-essential cookies in the future (such as analytics or marketing cookies), we will update this Policy and implement appropriate consent mechanisms.
You can configure your browser to block or delete cookies at any time. However, blocking essential cookies may prevent you from using certain features of the Service, such as account login.
Kapala does not sell your personal information. We share information only in the limited circumstances described below:
4.1 Service Providers and Partners
4.2 Cemetery Operators
When you make a Marketplace purchase (flowers, work orders, digital memorials) associated with a specific cemetery, the Cemetery Operator may receive your name, email address, and order details in connection with fulfilling the transaction. Cemetery Operators are bound by our Terms of Service to use this information solely for lawful purposes related to the operation of their cemetery. Kapala does not control how Cemetery Operators use this information after it is provided to them.
4.3 Legal and Safety Disclosures
We may disclose your information if we believe in good faith that disclosure is necessary to:
4.4 Business Transfers
In the event of a merger, acquisition, reorganization, conversion to a different entity type (such as LLC to corporation), bankruptcy, or sale of all or a portion of our assets, your information may be transferred to the acquiring entity. We will notify affected users of any such transfer and any resulting changes to this Policy by email (if available) or by posting a prominent notice on the Service. The acquiring entity will be bound by the terms of this Policy with respect to information collected prior to the transfer, unless you consent to different terms.
4.5 Aggregated and Anonymized Data
We may create, use, and share aggregated or anonymized data that does not identify you personally for any lawful purpose, including analytics, research, product development, and marketing. Once data has been aggregated or anonymized, it is no longer considered personal information and may be used without restriction.
5.1 Where We Store Your Data
Your information is stored on servers located in the United States, specifically on Oracle Cloud infrastructure in Chicago, Illinois. User Content (photographs, stories, tributes) is additionally encrypted and stored on IPFS via Lighthouse decentralized storage. Content is temporarily held in our database during processing and is deleted from the database after successful upload to IPFS. Pointers (IPFS content identifiers) are retained in our database to reference the stored content.
5.2 Security Measures
Kapala employs industry-standard security measures to protect your information, including:
While we take reasonable measures to protect your information, no method of transmission over the internet or electronic storage is completely secure. We cannot guarantee absolute security, and you use the Service at your own risk. You are responsible for maintaining the confidentiality of your account credentials and for any activity that occurs under your account.
5.3 Data Retention
We retain personal information for the following periods:
When we no longer need to retain your personal information and no legal obligation requires its retention, we will securely delete or anonymize it.
Depending on your location and applicable law, you may have certain rights regarding your personal information. Kapala honors the following rights for all users, regardless of location, to the extent commercially reasonable:
6.1 Access and Portability
You may request a copy of the personal information we hold about you. Cemetery Operators can access and export their core record data through the Service (see Section 12.4 of our Terms of Service). For all other users, please submit a request to [email protected], and we will provide your personal information in a commonly used, machine-readable format within thirty (30) days.
6.2 Correction
You may request that we correct inaccurate or incomplete personal information. Cemetery Operators can update their account information directly through the Service. Contributors and Marketplace customers may submit correction requests to [email protected]. Note that User Content stored on IPFS cannot be edited after submission due to the blockchain-based storage architecture; corrections require removal of the original content and submission of corrected content.
6.3 Deletion
You may request that we delete your personal information by contacting [email protected]. We will honor deletion requests unless retention is required for:
For User Content stored on IPFS, deletion is accomplished by discarding the encryption keys, which renders the content permanently unreadable. The encrypted (and now inaccessible) data may continue to exist on the distributed IPFS network, but cannot be decrypted or viewed by anyone, including Kapala.
6.4 Objection and Restriction
Where applicable under law (including GDPR), you may object to the processing of your personal information or request that we restrict processing in certain circumstances. Submit such requests to [email protected].
6.5 Communication Preferences
You may opt out of promotional or marketing communications by following the unsubscribe link in any such email or by contacting us. You cannot opt out of transactional communications (such as order confirmations, receipts, and account security notices) while maintaining an active account or pending transaction.
6.6 Cookie Controls
You can configure your browser to block or delete cookies. Because we currently use only essential cookies (session and security cookies), blocking them may prevent you from logging in or using certain features.
Kapala may act as either a data controller or a data processor, depending on the context:
Cemetery Operators who require a formal Data Processing Agreement ("DPA") may request one by contacting [email protected]. In the absence of a separate DPA, this Policy and the Terms of Service govern Kapala's processing of data on behalf of Cemetery Operators.
A significant portion of the information processed through the Service relates to deceased individuals (names, dates, biographical details, photographs of gravesites, etc.). Under most privacy laws, information about deceased persons is not considered "personal information" or "personal data" and is not subject to the same protections as information about living individuals. Nevertheless:
The Service is not directed to children under the age of thirteen (13), and we do not knowingly collect personal information from children under 13. If we become aware that we have collected personal information from a child under 13 without parental consent, we will take steps to delete such information promptly. If you believe a child under 13 has provided us with personal information, please contact us at [email protected].
10.1 California (CCPA/CPRA)
If you are a California resident, you have the following rights under the California Consumer Privacy Act, as amended by the California Privacy Rights Act ("CCPA"):
Categories of Personal Information Collected: Identifiers (name, email, IP address); Internet or electronic network activity (browsing data, usage data); geolocation data (real-time, not stored); and commercial information (transaction records).
Sensitive Personal Information: We do not collect sensitive personal information as defined under the CCPA (such as Social Security numbers, financial account credentials, precise geolocation for profiling, racial or ethnic origin, or biometric data) for purposes to which the right to limit applies.
To submit a CCPA request, contact us at [email protected]. We will verify your identity before fulfilling your request. You may designate an authorized agent to submit a request on your behalf.
10.2 Other U.S. States
Residents of Colorado, Connecticut, Virginia, Utah, and other states with comprehensive privacy laws may have similar rights to access, correct, delete, and port their personal information, as well as the right to opt out of targeted advertising and profiling. Kapala does not engage in targeted advertising, sale of personal information, or profiling that produces legal or similarly significant effects. To exercise any applicable state privacy rights, contact us at [email protected].
If you are located in the European Economic Area ("EEA"), the United Kingdom ("UK"), or Switzerland, the following additional provisions apply:
11.1 Legal Basis for Processing
We process your personal data on the following legal bases:
11.2 Your GDPR Rights
Under the GDPR, you have the right to:
To exercise any of these rights, contact us at [email protected]. We will respond within thirty (30) days, or within the timeframe required by applicable law.
11.3 International Data Transfers
Your personal data is transferred to and processed in the United States, which may not provide the same level of data protection as your country of residence. When we transfer personal data from the EEA, UK, or Switzerland to the United States, we rely on:
You may contact us for more information about the safeguards we use for international transfers.
Some web browsers transmit "Do Not Track" (DNT) signals to websites. Because there is no uniform standard for interpreting DNT signals, and because Kapala does not currently engage in cross-site tracking or behavioral advertising, the Service does not specifically respond to DNT signals. However, your privacy choices are respected through the minimal tracking practices described in Section 3.
Cemetery Operators who access Marketplace customer information (such as the names and email addresses of individuals who purchase flowers, work orders, or digital memorials associated with their cemetery) are responsible for:
Kapala is not responsible for a Cemetery Operator's use or misuse of personal information after it has been provided through the Service. If you have concerns about a Cemetery Operator's handling of your information, please contact both the Cemetery Operator directly and Kapala at [email protected].
We may update this Policy from time to time to reflect changes in our practices, the Service, or applicable law. When we make material changes, we will:
Your continued use of the Service after the effective date of any revised Policy constitutes your acceptance of the changes. We encourage you to review this Policy periodically.
If you have any questions, concerns, or requests regarding this Privacy Policy or our data practices, please contact us at:
Kapala LLC
Email: [email protected]
Phone: (615) 852-5458
For data protection inquiries from the EEA, UK, or Switzerland, please direct your correspondence to the same contact and include "GDPR Request" or "Data Protection Inquiry" in the subject line.