Tellmebye S.L. © 2026 All rights reserved
AVISO LEGAL, TERMS OF USE AND DATA PROTECTION
ACCEPTANCE NOTICE (CONTENT POSTING)
Access to and posting of digital content, memories, and condolences on the memorial wall/digital wake is completely open. However, posting any content (for example, a condolence, message, image, video, or any other material) implies full and unreserved acceptance of this Legal Notice, Terms of Use, and Privacy Policy.
Accordingly, by posting, the User declares:
a) that they have read and understood this document,
b) that they accept its terms, and
c) that they authorize the processing of their data and the communications described, including the disclosure of information to the Funeral Home and contact by email and/or WhatsApp under the terms set out herein.
Service “Digital Wake / Memorial Wall” (Tellmebye)
SERVICE PROVIDER IDENTIFICATION
The technological service for the digital wake, memorial wall, and tributes (hereinafter, the “Service”) is provided by:
TELLMEBYE DIGITAL, S.L. (hereinafter, “Tellmebye”)
Registered address: Calle Joaquim Cases nº 23, Local 15, 08304, Mataró (Barcelona), Spain
Tax ID (NIF): B56998933
Privacy and data rights contact: carlos@tellmebye.com
PURPOSE AND ACCEPTANCE
2.1. This document governs access to, browsing of, and use of the Service, as well as the conditions applicable to participation on the memorial wall associated with a deceased person (hereinafter, the “Tribute”).
2.2. Access to the Tribute may be obtained by scanning a QR code provided by the Funeral Home or by direct access through the Tellmebye website or links shared via WhatsApp or social networks. By accessing and/or participating, the user declares that they have read and understood this document and accept its content.
DEFINITIONS
User/Participant: a person who accesses the Tribute and, where applicable, posts content (condolences, memories, images, videos, or others).
Funeral Home: the entity that contracts/manages the Tribute and provides funeral services to the family.
Family Administrator: a family member or person designated by the Funeral Home or by the family, with administrative permissions for the Tribute.
Content: messages, texts, images, videos, audios, documents, and any contribution posted by participants.
TERMS OF USE OF THE SERVICE
4.1. The User undertakes to use the Service in accordance with applicable law, good faith, public order, and this document.
4.2. It is prohibited to post content that:
a) infringes third-party rights (honor/reputation, privacy, image rights, intellectual/industrial property),
b) is unlawful, offensive, discriminatory, threatening, or incites hatred,
c) contains malware or attempts unauthorized access, or
d) involves identity impersonation.
4.3. Tellmebye may, directly or at the request of the Funeral Home/Family Administrator, remove, hide, or block content when there are reasonable indications of legal infringement or breach of these terms, or when necessary for the security of the Service or to prevent harm.
INTELLECTUAL PROPERTY REGARDING CONTENT
5.1. The User states that they hold the necessary rights and authorizations over the Content they post.
5.2. The User grants Tellmebye a non-exclusive, worldwide license limited to the necessary period, to host, reproduce, communicate, and make the Content available exclusively for the provision of the Service (display on the wall, management, technical backups, enabled downloads, and related functionalities).
5.3. The brand, software, design, and other elements of the Service are owned by Tellmebye or third-party licensors, and any unauthorized reproduction or exploitation is prohibited.
FUNERAL HOME ROLE AND FAMILY ADMINISTRATION OF THE TRIBUTE
6.1. The Funeral Home may provide the family or a designated person with access as Family Administrator to manage the Tribute.
6.2. The Family Administrator may, depending on the Tribute’s configuration:
a) edit, add, or delete Content,
b) moderate contributions (hide/delete),
c) unpublish or delete the Tribute in whole or in part.
6.3. The Funeral Home will be responsible for assigning one or more administrator permissions to as many direct family members as it deems appropriate, at its discretion.
6.4. Effect of deletion: deleting or unpublishing the Tribute may result in immediate loss of access to the Content. Some information may remain for a limited period in backups for technical reasons, without public access.
When a wall is deleted permanently, search engines such as Google may still show results in their search, even though the website no longer exists when accessed. Google has two update mechanisms: one over time when it detects the content no longer exists, and another faster one via a direct removal request on the following page:
DOWNLOAD OF MEMORIES AND LIMITATION OF ACCESS TO CONTACT DATA
7.1. The Family Administrator and funeral home employees may download the memories and condolences from the Tribute, including messages and, where enabled, uploaded files (images, videos, or others).
7.2. The Family Administrator will not have access to participants’ contact details (email and/or phone/WhatsApp). Such data will be accessible only to Tellmebye and the Funeral Home to the extent necessary for managing the Service and the purposes described in this document.
7.3. Participants’ personal data is not sold or shared with third parties unrelated to the Service, except where legally required or upon request by a competent authority.
PERSONAL DATA PROTECTION
LEGAL FRAMEWORK AND PRINCIPLES
8.1. Tellmebye adopts privacy and security standards aligned with international data protection norms and, where applicable by territory or users, with Regulation (EU) 2016/679 (GDPR) and equivalent local regulations.
8.2. Processing is governed by the principles of data minimization, purpose limitation, confidentiality, integrity, and limited retention.
DATA CONTROLLERS AND ALLOCATION OF RESPONSIBILITIES
9.1. Funeral Home as Controller: as a general rule, the Funeral Home acts as data controller regarding personal data related to the management of the Tribute and the relationship with participants/family.
9.2. Tellmebye as Processor: as a general rule, Tellmebye acts as the Funeral Home’s data processor by providing the technological platform and processing data on its behalf according to its instructions.
9.3. Tellmebye’s own processing: without prejudice to the above, Tellmebye may process certain data as an independent controller when necessary for: Service security, fraud/abuse prevention, maintenance, legal compliance, and technical support.
CATEGORIES OF DATA PROCESSED
Depending on the case, the following may be processed:
a) Identification and contact data: name (or alias if permitted), email, phone/WhatsApp.
b) Submitted Content: condolences, messages, images, videos, or other files.
c) Technical data: IP, access logs, device/browser, security events.
d) Other data voluntarily included by the participant in the message content.
Legal-operational recommendation: participants should avoid including sensitive data or third-party data without authorization in their messages.
PURPOSES OF PROCESSING
a) To allow access to the Tribute and participation on the memorial wall from the wake and from anywhere in the world.
b) To manage the Tribute (operation, moderation, support, and Service continuity).
c) To ensure security (abuse prevention, incident control, auditing, and logs).
d) To enable family administration of the Tribute and the download of memories/condolences.
e) To handle requests regarding rights and user communications.
f) To enable the Funeral Home communications described in section 13.
LEGAL BASES
Processing is based, as applicable and in accordance with the applicable regulations, on:
a) Performance of the service requested by the participant (participation in the Tribute).
b) The participant’s consent where required by local law.
c) Legitimate interest in security, integrity of the Service, and fraud/abuse prevention.
d) Compliance with legal obligations applicable to Tellmebye or the Funeral Home.
DISCLOSURE/SHARING OF DATA WITH THE FUNERAL HOME (EXPRESS)
13.1. By participating, the User expressly authorizes Tellmebye to disclose to the Funeral Home the data and Content provided by the User in the Tribute, to the extent necessary to:
manage the Tribute,
moderate and handle incidents,
assist the family,
and comply with legal or operational obligations associated with the funeral service.
AUTHORIZATION FOR EMAIL AND WHATSAPP CONTACT BY THE FUNERAL HOME (EXPRESS)
14.1. By participating in the Tribute, the User expressly authorizes the Funeral Home to contact them by email and/or WhatsApp for purposes related to their participation, including:
a) thanking them for participating,
b) conveying condolences or communications related to the Tribute,
c) offering a gift, token, or a real discount derived from participation as a benefit to the participant.
14.2. The User may object to or request to unsubscribe from these communications at any time by contacting the Funeral Home or carlos@tellmebye.com, without prejudice to necessary operational or legal communications. Each email sent to the user must include a clearly visible option, in a font size that facilitates reading, easy to access and effective to execute such unsubscribe request.
RECIPIENTS, PROVIDERS, AND SUB-PROCESSORS (UPDATED)
15.1. For the provision of the Service, Tellmebye may rely on technology providers (hosting, storage, email, security), who will act as processors/sub-processors under confidentiality obligations, security measures, and processing limited to the Service’s purpose. In particular, Tellmebye stores and processes the Service information on Amazon Web Services (AWS) cloud infrastructure, on servers managed by that entity and used under enterprise-grade security measures, without prejudice to the possibility that, for technical or operational reasons, other equivalent technology providers may be involved under the same commitments.
15.2. No data will be shared with third parties unrelated to the Service except:
a) legal obligation,
b) request by a competent authority, or
c) essential technical necessity for providing the Service under a processing/sub-processing agreement.
INTERNATIONAL TRANSFERS
As the infrastructure may be located in different countries, international data transfers may occur. In such cases, reasonable contractual and organizational safeguards will be applied in accordance with applicable regulations to ensure an adequate level of protection.
RETENTION PERIODS
17.1. Data will be retained while the Tribute is active and for the time necessary for its management, support, and handling of requests.
17.2. Thereafter, it may be retained in a blocked state for the periods required for legal liabilities and regulatory compliance.
17.3. Backups: certain data may remain for an additional limited time in backups for technical reasons, without public access.
DATA SUBJECT RIGHTS AND DATA ERASURE
18.1. The User may request, as applicable, access, rectification, erasure/deletion, objection, restriction, and portability in accordance with applicable regulations.
18.2. To delete their data from the database or exercise rights, it will be sufficient to notify:
the Funeral Home, or
carlos@tellmebye.com.
SECURITY MEASURES (UPDATED)
SECURITY MEASURES
Tellmebye applies reasonable technical and organizational measures to preserve confidentiality, integrity, and availability (access controls, logs, abuse protection, and security mechanisms appropriate to the risk). Information is hosted on Amazon Web Services (AWS) cloud infrastructure, using controls and security best practices common in professional environments, without prejudice to additional measures implemented by Tellmebye and/or the Funeral Home. However, the User acknowledges that no platform is completely invulnerable.
MINORS
The Service is not intended for minors who lack legal capacity to consent under applicable regulations. If a minor participates, they must have authorization from their legal representative.
FINAL PROVISIONS
21. LIABILITY
21.1. The User will be responsible for the Content they post and for the accuracy of the data provided.
21.2. Tellmebye is not responsible for how the Funeral Home or the Family Administrator uses the Tribute, without prejudice to any legal obligations that may apply.
AMENDMENTS
Tellmebye may update this document due to legal, technical, or Service changes. The current version will be available via the relevant link within the Tribute.
APPLICABLE LAW AND JURISDICTION
23.1. This document will be interpreted in accordance with applicable regulations, taking into account the country from which the Service is provided and/or the User’s country, as well as the specific data protection rules that apply.
23.2. For contractual disputes with Tellmebye, the competent courts will apply as appropriate under the applicable regulations, without prejudice to consumer/user rights where applicable.