LEGAL NOTICE, TERMS OF USE AND DATA PROTECTION POLICY

ACCEPTANCE NOTICE (PUBLICATION OF CONTENT)

Access to and publication of digital content, memories and condolences on the remembrance wall / digital wake is completely free. However, the publication of any content —for example, a condolence, message, image, video or any other material— implies full and unconditional acceptance of this Legal Notice, Terms of Use and Privacy Policy.

Accordingly, by publishing content, the User declares:

a) that they have read and understood this document,
b) that they accept its terms,
c) that they authorise the processing of their personal data under the terms set out herein,
d) that they understand that the commemorative content published —memories, condolences, photographs, videos, messages or other contributions— will remain hosted and preserved on the Tellmebye platform, within the corresponding Tribute, for viewing, preservation and commemorative purposes,
e) that they accept that certain data may be communicated to the Funeral Home exclusively to the extent necessary for the operational management of the Tribute, family assistance, basic moderation of the service or compliance with legal obligations.

Acceptance of this document does not imply the transfer to the Funeral Home of the database, technical structure, system, software, data model or complete archive of content managed by Tellmebye.

“Digital Wake / Remembrance Wall” Service (Tellmebye)

1. IDENTIFICATION OF THE TECHNOLOGICAL SERVICE PROVIDER

The technological service for digital wakes, remembrance walls and tributes (hereinafter, the “Service”) is provided by:

TELLMEBYE DIGITAL, S.L.
Registered address: Calle Joaquim Cases nº 23, Local 15, 08304, Mataró, Barcelona, Spain
Tax ID: B56998933
Technical support and privacy contact: carlos@tellmebye.com

2. PURPOSE AND ACCEPTANCE

2.1. This document governs access, browsing, use of the Service and participation in the remembrance wall associated with a deceased person (hereinafter, the “Tribute”).

2.2. Access to the Tribute may be made through a QR code provided by the Funeral Home, direct web access or links shared through messaging services or social networks.

2.3. Access to and/or participation in the Tribute implies acceptance of this document.

2.4. When the User publishes content or provides personal data, they declare that they have read and understood this document and authorise the processing of their data and the communications provided for herein, under the applicable terms.

2.5. The Service has a commemorative, participatory and digital remembrance preservation purpose, allowing relatives, friends and acquaintances to leave messages, memories, photographs, videos or other content in memory of the deceased person.

3. DEFINITIONS

User / Participant: any person who accesses the Tribute and publishes content or interacts with it.

Funeral Home: the entity that contracts the Service and provides funeral services to the family, with access to certain operational management functions of the Tribute.

Family Administrator: the person appointed by the Funeral Home or the family with management permissions over the Tribute.

Content: messages, texts, images, videos, audio files, condolences, memories or other contributions made by participants.

Commemorative Archive: the set of content published in the Tribute and hosted on Tellmebye for preservation, remembrance and viewing within the Service.

4. TERMS OF USE

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 forbidden to publish content that:

• infringes third-party rights;

• is unlawful, offensive, discriminatory, threatening or violent;

• includes malware, unauthorised access or conduct that compromises the security of the Service;

• involves impersonation;

• includes personal data of third parties without sufficient authorisation;

• infringes intellectual property, privacy, honour or image rights.

4.3. Tellmebye may remove, hide or block content where there are reasonable indications of legal infringement or breach of this document, for Service security reasons, upon legitimate request from the family, the Family Administrator or the Funeral Home, or upon request from a competent authority.

5. INTELLECTUAL PROPERTY

5.1. The User guarantees that they hold the necessary rights and authorisations over the Content they publish.

5.2. The User grants Tellmebye a non-exclusive, limited, free and sufficient licence to host, reproduce, display, preserve, publicly communicate and make available the Content exclusively for the purpose of providing the Service, maintaining the Tribute and preserving the associated Commemorative Archive.

5.3. This licence is granted solely for the operation of the Tellmebye Service and does not imply the transfer of ownership of the Content.

5.4. The brand, software, design, structure, databases, functionalities, code, architecture, data model and other elements of the Service are owned by Tellmebye or its licensors and may not be reproduced, copied, exploited, extracted, migrated or used without the prior express written authorisation of Tellmebye.

6. TRIBUTE MANAGEMENT

6.1. The Funeral Home may assign administration permissions to one or more relatives or authorised persons.

6.2. The Family Administrator may, depending on the enabled configuration:

• edit or delete content;

• moderate contributions;

• unpublish or hide the Tribute;

• request certain actions regarding the Tribute.

6.3. Deletion or unpublishing of the Tribute shall result in the loss of public access, without prejudice to the temporary retention of certain information in backups for technical reasons, without public access.

6.4. Administration of the Tribute does not imply the acquisition of any rights over the Tellmebye platform, its database, technical structure, system, software, data model or complete archive of content managed by Tellmebye.

7. ACCESS, DOWNLOADS AND CONTACT DATA

7.1. The Funeral Home and/or Family Administrator may access certain data and information from the Tribute when necessary for the operational management of the funeral service, family assistance, basic moderation of the Tribute or compliance with legal obligations.

7.2. Tellmebye may provide the Funeral Home with operational information related to the Tribute, such as basic service data, management data entered by the Funeral Home itself, Tribute status, configuration, basic statistics or information necessary for the proper provision of the service.

7.3. Memories, condolences, photographs, videos, messages and other content provided by participants shall remain hosted and preserved on the Tellmebye platform, within the corresponding Tribute, as part of the Commemorative Archive.

7.4. Except in the event of a legal obligation, request from a competent authority, legitimate request from the data subject or express written agreement with Tellmebye, such content shall not be subject to bulk delivery, SQL dump, technical migration, automated extraction or export intended to reproduce, transfer or replicate the Service outside the Tellmebye platform.

7.5. The Funeral Home shall not be entitled to receive a full copy of the database, technical structure, internal relationships, operating logic, source files, data models, tokens, technical records, security logs, credentials or internal Tellmebye information.

7.6. The Family Administrator shall not have access to participants’ contact data unless this has been expressly enabled, is necessary for the management of the Tribute or is required by law.

7.7. Personal data shall not be sold or transferred to third parties unrelated to the Service, except where required by law, by a competent authority or in the cases provided for in this document.

PERSONAL DATA PROTECTION

8. REGULATORY FRAMEWORK

8.1. Tellmebye, as an entity established in Spain, processes personal data in accordance with the applicable regulations, including Regulation (EU) 2016/679 (GDPR) and current Spanish data protection legislation.

8.2. The foregoing is without prejudice to mandatory rules on data protection, consumers or users that may apply in the jurisdiction of the client, the Funeral Home or the end User.

8.3. Tellmebye also applies reasonable international security and privacy standards.

9. DATA CONTROLLERS AND SCOPE OF THE FUNERAL HOME

9.1. Tellmebye as technological service provider and controller of the Commemorative Archive

Tellmebye Digital, S.L. acts as the technological service provider of the Service and as data controller regarding the preservation, hosting, maintenance, custody, security and availability of commemorative content published in the Tribute, including memories, condolences, messages, photographs, videos or other content provided by relatives, friends or participants.

9.2. Funeral Home as contracting entity and professional user of the Service

The Funeral Home acts as the contracting entity and professional user of the platform, with access to certain data necessary for the operational management of the Tribute, the provision of the funeral service, family assistance and basic administration of the remembrance wall.

9.3. Limitation of access and export

Communication of data to the Funeral Home shall be limited to data strictly necessary for the management of the funeral service and the Tribute. The Funeral Home does not acquire any rights over the database, technical structure, system, software, data model or complete archive of content managed by Tellmebye.

9.4. Content provided by participants

Memories, condolences, photographs, videos, messages and other content provided by participants shall remain hosted and preserved on the Tellmebye platform, within the corresponding Tribute, for viewing and commemorative preservation in accordance with these terms.

Except in the event of a legal obligation, decision of a competent authority, legitimate request from the data subject or express written agreement with Tellmebye, such content shall not be subject to bulk delivery, SQL dump, technical migration or export intended to reproduce, transfer or replicate the Service outside the Tellmebye platform.

9.5. Tellmebye’s own processing activities

Tellmebye may process data necessary for security, maintenance, support, abuse prevention, Service continuity, preservation of the Commemorative Archive and compliance with legal obligations.

9.6. Processing activities by the Funeral Home

The Funeral Home shall be responsible for any processing it carries out outside the Tellmebye platform with the data to which it has access, as well as for the use it makes of the information obtained within the framework of the funeral service, and must comply at all times with applicable data protection regulations.

10. PERSONAL DATA PROCESSED

Depending on the case, the following data may be processed:

• identification and contact data;

• content provided by the User;

• technical and security data, such as IP address, access logs, browser or device;

• Tribute configuration and administration data;

• other data voluntarily provided by the User.

Users are advised not to include sensitive data or unauthorised third-party data in published messages or content.

11. PURPOSES OF PROCESSING

Data may be processed to:

• allow participation in the Tribute;

• manage and administer the Service;

• host, preserve and display published commemorative content;

• preserve the Commemorative Archive associated with the Tribute;

• guarantee the security, continuity and proper functioning of the platform;

• facilitate moderation, support and handling of requests;

• allow communications related to the Tribute;

• handle the exercise of rights and legal obligations;

• prevent abusive, fraudulent or prohibited uses.

12. LEGAL BASES

Processing is based, as applicable, on:

• performance of the requested service;

• consent of the data subject where required;

• legitimate interest in the security, integrity, preservation and proper functioning of the Service;

• legitimate interest in preserving the Commemorative Archive associated with the Tribute;

• compliance with applicable legal obligations.

13. COMMUNICATION OF DATA TO THE FUNERAL HOME

13.1. The User accepts that Tellmebye may communicate certain data related to the Tribute to the Funeral Home where necessary to:

• operationally manage the Tribute;

• moderate content and handle incidents;

• assist the family;

• coordinate the funeral service;

• handle requests related to the Tribute;

• comply with legal or operational obligations linked to the funeral service.

13.2. This communication shall be limited to the data necessary for such purposes and does not imply delivery of the database, technical structure, system, software, data model or complete archive of content managed by Tellmebye.

13.3. Memories, condolences, photographs, videos, messages and other content published by participants shall remain hosted on Tellmebye as part of the Commemorative Archive, without prejudice to the accesses or views necessary for the provision of the Service.

14. AUTHORISATION TO CONTACT BY EMAIL AND WHATSAPP

14.1. Participation in the Tribute may authorise the Funeral Home to contact the User by email and/or WhatsApp for purposes directly related to the Tribute, including thanking them for their participation, condolence communications or information related to the tribute.

14.2. Any commercial, promotional or non-strictly Tribute-related communication shall require the appropriate legal basis under applicable law.

14.3. The User may object to or unsubscribe from these communications at any time by sending a request to the Funeral Home or to carlos@tellmebye.com, without prejudice to communications necessary for operational or legal reasons.

15. PROVIDERS AND SUB-PROCESSORS

Tellmebye may use technology providers for the provision of the Service, including hosting, storage, email, security and cloud infrastructure services, including Amazon Web Services (AWS), subject to the corresponding confidentiality, security and limited processing obligations for the purposes of the Service.

16. INTERNATIONAL TRANSFERS

International data transfers may occur where necessary for the provision of the Service. In such cases, appropriate contractual, technical and organisational measures shall be adopted in accordance with applicable regulations to ensure a reasonable level of protection.

17. RETENTION PERIODS

17.1. Data shall be retained while the Tribute remains active and for the time necessary for Service management, support, handling of requests, preservation of the Commemorative Archive and compliance with legal obligations.

17.2. Commemorative content published by participants may be retained by Tellmebye while the Tribute remains available on the platform, unless there is a legitimate erasure request, a valid objection, a legal obligation or a removal decision in accordance with these terms.

17.3. Certain information may be temporarily retained in backups for technical reasons, without ordinary public access, for the periods necessary to guarantee the security, integrity and recovery of the Service.

18. RIGHTS OF DATA SUBJECTS

18.1. The User may exercise, where applicable, their rights of access, rectification, erasure, objection, restriction of processing and portability, in accordance with applicable regulations.

18.2. Requests may be addressed to:

• the corresponding Funeral Home, where the processing derives directly from the management of the funeral service;

• Tellmebye, where the request concerns the Commemorative Archive, content hosted on the platform or Tellmebye’s own processing activities.

Contact: carlos@tellmebye.com

18.3. Tellmebye may require additional information to verify the identity of the requester and assess the validity of the request in accordance with applicable regulations.

19. SECURITY MEASURES

Tellmebye applies reasonable technical and organisational measures to guarantee the confidentiality, integrity and availability of information, according to the risk and the characteristics of the Service. However, the User acknowledges that no platform is completely invulnerable.

20. MINORS

The Service is not intended for minors without sufficient legal capacity to consent. Where minors participate, such participation must take place with the authorisation of their legal representative where required by applicable law.

21. LIABILITY

21.1. The User is responsible for the content they publish and for the accuracy of the data they provide.

21.2. Tellmebye shall not be liable for the use that the Funeral Home, the Family Administrator or third parties make of the Tribute outside the platform’s own functionalities, without prejudice to any legal liabilities that may apply in each case.

21.3. The Funeral Home shall be responsible for any processing, extraction, reuse, communication or retention of data it carries out outside the Tellmebye platform.

21.4. Tellmebye shall not be obliged to provide technical exports, SQL dumps, full database copies, internal structures, technical documentation, code, operating logic or information that allows the Service to be reproduced or replicated.

22. MODIFICATIONS

Tellmebye may update this document due to legal, technical or Service-related changes. The current version shall be available within the Tribute itself or through the corresponding link.

Where changes substantially affect the processing of personal data or users’ rights, Tellmebye shall adopt reasonable measures to inform users of such changes in accordance with applicable regulations.

23. APPLICABLE LAW AND JURISDICTION

23.1. This document is generally governed by Spanish law.

23.2. Any dispute related to the Service shall generally be submitted to the courts and tribunals of Barcelona, Spain, unless mandatory rules establish another jurisdiction or specific protection for consumers, users or data subjects.

23.3. The foregoing is without prejudice to any non-waivable rights that may correspond to the User under mandatory regulations applicable in their place of residence.