TERMS OF CONTRACTING AND USE OF “BIOGRAPHICAL MEMORY”
- WHAT IS IT?
- WHO CAN HIRE IT?
- WHO CAN USE IT?
- AUTHORSHIP
- TERM OF ACCESS, PUBLICATION, EDITION AND AVAILABILITY
- TERMS OF CREATION, EDITING AND PUBLICATION
- PUBLIC OR PRIVATE?
- LIMITATIONS AND PROHIBITIONS
- RESPONSIBILITY
- INTELLECTUAL PROPERTY
- BRAND
- PROTECTION OF PERSONAL DATA
- CONTACT
Cemeteries are custodians of the collective memory of communities and the individuals who make them up. And it is only as custodians of memory that it makes sense to provide them with objects that evoke these memories. From large memorials to a simple flower. Nothing makes sense in a cemetery if it is not to evoke and honor the memory of the people who are no longer there.
At Cementiris de Barcelona, SA we believe in this primordial and ancestral function with which we became human when we began to honor the deceased and keep their memory.
But memories, if not shared, become foggy and eventually forgotten.
That is why we have created a space where you can write and fix the most important memories of those loved ones who are no longer with us. Our grandmother, the father, a daughter, or a friend. The biography you create of each of them can be shared privately among your circle of people, or be published among the biographies of illustrious people buried in Barcelona cemeteries.
Next, we explain the conditions under which the "Biographical Memory" can be used so that it becomes an environment of individual and collective memory, of anonymous people and of those who have been illustrious for the city.
WHAT IS IT?
The "Biographical Memory" is a web space that is granted to the owner of a grave with respect to the deceased who remain buried there (one owner/deceased buried for each grave), to explain through text and images, all or part of the life of the deceased person.
Therefore, if the space to prepare the biographical memory is granted to the owner of a grave, it is because it will be necessary to prove a certain bond of kinship or affection with the person whose biography is to be made and this being buried in the grave of reference
This biography must be with the intention of keeping the memory and honoring the person. For example, including major life events and milestones you achieved that are considered noteworthy.
You can access, through the following links, some biographical Memoirs that can serve as examples:
[…]
The "Biographical Memory" is a free service, but Cementiris de Barcelona, SA reserves the right to establish and charge a private price at any time.
WHO CAN HIRE IT?
Only the owner of a grave and respect for the people buried there can hire the "Biographical Memory" (biographies of people who are not buried in the reference grave will not be accepted).
WHO CAN USE IT?
At the time of contracting the "Biographical memory" service, the corresponding credentials and password will be given to the applicant (owner of the grave). This person, just entering the web application, will have to change and customize at least the password.
This accreditation and password are personal and non-transferable for the holder. The password can be changed by the owner, as many times as he wants, once his session has started. The possibility of sharing them will be under your responsibility, and all modifications made with that user and password will be presumed to have been made by the owner.
AUTHORSHIP
The authorship of the composition resulting from the creation of the deceased person's biography will be considered to correspond to the contracting person (owner of the grave). That is, to whom the accreditation and password have been given and, therefore, will be ultimately responsible.
The aesthetic modifications, small corrections or suggestions made by Cementiris de Barcelona, SA prior to any publication or modification, will not be considered as part of the authorship, nor as editing tasks, and Cementiris de Barcelona, SA does not will hold no rights or responsibilities.
TERM OF ACCESS, PUBLICATION, EDITION AND AVAILABILITY
The holder, once the accreditation and password have been delivered, will have 7 calendar days to access the "Biographical Memory" website for the first time and change the password. Otherwise, your credential will be blocked and a new credential will need to be issued.
Once the private session has been accessed for the first time within the aforementioned period, the contracting person will not have a time limit to prepare and/or publish what they consider appropriate.
When the contracting person sends their new or newly edited text for publication, Cementiris de Barcelona, SA will have 15 working days (according to the annual calendar of Barcelona, Spain) to review it and send corrections, modifications and suggestions, along with the text as it would look with these improvements.
Once Cementiris de Barcelona, SA sends these improvements to the owner, he will not have any time limit to accept or reject them. When you accept it, you will have to say whether it should remain as "private" or as "public" (in this case, it would be visible to any user who accesses the website of Cementiris de Barcelona, SA).
The holder will have an annual subscription to the "Biographical Memoir" tool, from which he can prepare, edit, publish, delete or improve texts about the deceased persons of those who wish to make the "Biographical Memoir". The holder may request - from one month before the end of each year - that access be renewed in annual installments. Cementiris de Barcelona, SA reserves the right to make the hiring or renewal of the "Biographical Memory" service free permanently or temporarily, to apply a price, according to its price rates, or to apply any promotions or discounts it deems appropriate at every moment
TERMS OF CREATION, EDITING AND PUBLICATION
The owner, responsible for the composition, whose authorship will be presumed, is responsible for the originality of texts and images, as well as for having the corresponding authorization, if applicable, to make use of them in through the platform of Cementiris de Barcelona, SA
Cementiris de Barcelona, SA may derive any liability that a third party may demand against the author, if it does not have the intellectual property rights to publish all or part of a text or image.
The text will be published with the following characteristics:
- Source: Source Sans Pro, Sans
- Size: 18px - 22px
- Characters: a total of 3,730, including those available in each section.
PUBLIC OR PRIVATE?
The holder, as the person who has and administers the user credentials and password, can decide at any time that the "Biographical Memory" they create is public or remains private.
If it remains, or becomes private again, it can only be seen by the owner himself, and those people with whom he has decided, under his discretion and sole responsibility, to share the access data to the private session.
Conversely, if the Biographical Memoir is published, it (including text, images or others) will become publicly accessible. (See section on Intellectual Property).
LIMITATIONS AND PROHIBITIONS
Biographical Memoirs will not be published or modified that violate the laws, customs or public order, or may be interpreted in any way as doing so. This non-publication will be an exclusive decision of Cementiris de Barcelona, SA
The following is prohibited:
- Include contempt, insults or denigrations against any person, living or deceased.
- Make allusions, exaltation or propaganda of violence, xenophobia, homophobia, denigration or any kind of discrimination of a person or group.
- Indicate that a living or deceased person has committed a crime without a final judgment.
- Indicate that a living or deceased person could have allegedly committed a crime without open court proceedings.
- Mention the name of any person or group not directly related to the person or the facts of the Biographical Memoir.
- Advertising, proselytizing or commercial or membership promotion of any natural or legal person, including companies, non-governmental organizations, governmental or administrative bodies, associations, foundations, religious entities or political parties. They may only be mentioned as an objective part of the events experienced by the person who is the subject of the Biographical Memoir.
- Mention the personal data (including first and last name) of another living or deceased person without their express consent or that of their relatives. In case of lack of consent, only their initials will be mentioned. The mention of illustrious or notorious people who are related to it is excluded from this prohibition.
- Attributing insulting, criminal or untrue facts or words to any natural or legal person, and especially to the person who is the subject of the Biographical Report.
- Include images or other data without the consent of its author/ai/or whoever owns the intellectual property rights.
- Create and/or publish the Biographical Report of a person for whom authorization or access has not been given.
- Create and/or publish the biographical memoir of a living person.
- Unintelligible texts, or in languages other than Catalan or Spanish.
For everything not provided for here, Cementiris de Barcelona, SA reserves the right not to publish or to make modifications.
RESPONSIBILITY
The owner declares to be the only person responsible for the veracity of the facts published, for their content, for having the rights to what is published (including texts or images). Likewise, he will be the one who will respond to third party claims, of any kind, for the aforementioned publication, and without prejudice to the right of Cementiris de Barcelona, SA to withdraw, eliminate, modify, amend, clarify or rectify any publication, if so consider suitable
Cementiris de Barcelona, SA is not responsible to third parties for the content published by the owner, whether it has been published directly or indirectly, through an intermediary.
INTELLECTUAL PROPERTY
The owner, as the only person responsible for what is published, declares to be the owner or to have the intellectual property rights of everything he publishes (texts, images, brands, distinctive symbols, etc.) in order to be able to publish it. Be solely responsible, otherwise.
In addition, at the time of publication, you must indicate the type of license with which this content is published (whether protected, Creative Commons, Copyleft, etc.), and comply with the requirements that each license requires.
BRAND
The "Memòria biogràfica" trademark is a trademark owned by Cementiris de Barcelona, SA registered at the Spanish Patents and Trademarks Office. Its use is restricted to that authorized by Cementiris de Barcelona, SA
PROTECTION OF PERSONAL DATA
Who is responsible for the processing of your personal data?
The Person Responsible for the Processing of your personal data is Cementiris de Barcelona, SA (“CBSA”, hereafter), with address at Carrer Mare de Déu de Port, 56-58, 08038, Barcelona, telephone 93.887.50.34 and email < a href="mailto: protecciodades_cbsa@bsmsa.cat "> protecciodades_cbsa@bsmsa.cat .
Likewise, interested parties are informed that CBSA has appointed a Data Protection Officer whom you can contact via telephone 93.887.50.34 or via the email address dpo@bsmsa.cat .
For what purpose will we treat your data and what is the basis that legitimizes this treatment?
CBSA will process the personal data you provide us with the purpose of managing your recruitment of biographical memories.
The basis that legitimizes this treatment is that the treatment is necessary for the execution of a contract to which the interested party is a party or the application, at the latter's request, of pre-contractual measures, pursuant to the article 6.1.b) of the RGPD.
For how long will we keep your personal data?
CBSA will retain your personal data for the time necessary to fulfill the purpose for which it was collected unless you request its deletion.
Once the purpose for which the personal data was collected has been fulfilled or you have requested its deletion, given article 32 of Organic Law 3/2018, of December 5, on Protection of Personal Data and guarantee of digital rights, personal data will be properly blocked for the time necessary to comply with the legal obligations that correspond in each case.
To which recipients will your data be communicated?
CBSA may communicate your data to public or private third parties when there is a legal obligation or authorization to do so.
Also, to provide you with services, CBSA may have service providers who may have access to your data and will act in the name and on behalf of CBSA, following our instructions, and in no case will they have your data for for own purposes.
Do international transfers of personal data occur?
CBSA does not provide for the international transfer of data. However, in the event that the same are carried out in the future, the provisions of the applicable data protection regulations will be taken into account and applied.
Are automated decisions made or profiled with your personal data?
There are no automated decisions or profiling.
What are your rights as the owner of the data?
•Access: You will be able to obtain confirmation if CBSA processes your personal data, as well as consult the personal data included in CBSA's treatments.
• Rectification: You can modify your personal data when it is inaccurate and complete those data that are incomplete.
• Deletion: You can request the deletion of personal data when, among other reasons, the data are no longer necessary for the purposes for which they were collected.
• Objection: You may request that your personal data not be processed. CBSA will stop processing the data, except for compelling legitimate reasons, or for the exercise or defense of possible claims.
• Limitation of treatment: You can request the limitation of data processing in the following cases:
- While the challenge to the accuracy of the data is verified;
- When the treatment is unlawful, you object to the deletion of the data, and request the limitation of its use;
- When CBSA does not need to process the data, but you need it for the exercise or defense of claims;
- When you have objected to the processing of the data for the fulfillment of a public interest mission or for the satisfaction of a legitimate interest, while verifying whether the legitimate reasons for the processing prevail over yours.
• Portability: You will be able to receive, in electronic format, the personal data that you have provided us and those that have been obtained from your relationship with CBSA, as well as transmit them to another entity
You can exercise these rights by means of a written request addressed to Cementiris de Barcelona, SA: Carrer Mare de Déu de Port, 56-58, 08038, Barcelona, to the attention of the Data Protection Delegate, or you can send an email to the following email address: protecciodades_cbsa@bsmsa.cat . We inform you that, in order to exercise your rights, you must provide sufficient proof of your identity, indicating the right you wish to exercise.
Finally, the Interested Party will have the right to file a claim with the Catalan Data Protection Authority if they consider that CBSA has not processed their personal data in accordance with the applicable regulations.
CONTACT
You can contact for any questions or suggestions at: comunicacio@cbsa.cat