Version updated on March 28, 2019
InMemori attaches the greatest importance and the greatest care to the protection of the Personal Data of its Users and makes the protection of their rights a key priority.
Please read this Policy carefully to be aware of our practices regarding your Personal Data and how we process it. We also recommend that you consult it regularly in order to become aware of any modifications to it. These modifications can take place at any time but we will ensure that you are informed of updates to the Policy either by a special mention on the Site, or by a personalized warning.
“Administrator”: refers to any person designated to manage the Tribute Space.
“User Content”: refers to the elements, including messages, memories and photographs, published by any User on the Tribute Space, or more generally on the Website.
“Personal Data”: refers to any information relating to an identified or identifiable User.
“Tribute Space”: refers to the personalized digital space accessible via the Share Link, that allows information sharing regarding the Deceased Person’s funerals and gives access to User Contents and other functionalities.
“Share Link”: refers to the unique URL address that gives access to the Tribute Space.
“Deceased Person”: refers to the person who is the subject of the Tribute Space.
« Règlementation Données Personnelles » : désigne le Règlement (UE) 2016/679 du Parlement et du Conseil (« RGPD ») et la Loi informatique et libertés de 1978 (modifiée par la Loi n°2018-493 du 20 juin 2018).
« Responsable de traitement » : désigne InMemori en ce qu’elle détermine les finalités et les moyens du traitement.
“Website”: refers to the website accessible at www.inmemori.com, exploited by InMemori, that hosts User Contents on Tribute Spaces and enables access to InMemori Services.
“Processing”: refers to any operation or set of operations carried out or using automated processes applied to personal data or sets of data, such as collection, recording, organization, structuring, conservation, adaptation or modification, extraction, consultation, use, communication by transmission, dissemination or any other form of provision, reconciliation or interconnection, limitation, deletion or destruction.
“User”: refers to any person accessing the Tribute Space.
Each term written with a capital letter, whether it be used in the singular or plural form, has the meaning given above.
2. Identity and contact details of the data controllers and the data protection officer of InMemori
InMemori processes your Personal Data as a data controller. The contact details are as follows:
- SAS InMemori 66 Avenue des Champs-Elysées - 75008 Paris
- Phone : 06 37 60 26 04 - Email : firstname.lastname@example.org
InMemori has also appointed a Personal Data Protection Officer who you can reach out to regarding any question relating to your Personal Data or the exercise of your rights at the following address: 66 Avenue des Champs-Elysées - 75008 PARIS; or via email at: email@example.com
3. Personal data collected
InMemori collects, directly or indirectly, the following information:
- Last name and first name of the deceased *;
- Date of birth of the deceased;
- Date of death of the deceased *;
- Photograph of the deceased;
- Surname and first name of the Administrator;
- Administrator email address *;
- Telephone number (if the User is an Administrator) *;
- Addresses of the places of the ceremonies;
- Last name and first name of the User *;
- User's email address *;
- Mailing address of the User;
- Photographs if Users decide to share them on the Tribute Space;
- Nationality, country of residence, date of birth, postal address if the Administrator creates a donation collection and if Users participate in it;
- Site audience data;
- Technical information provided by cookies and other tracers including connection logs and IP address.
The information marked with an asterisk (*) is mandatory data without which InMemori services cannot be provided.
4. Purposes of processing and legal bases
4.1. Why do we process your personal data?
InMemori only processes your Personal Data for specified purposes, which have been subject to a prior internal evaluation in order to ensure that no unnecessary use of your personal information is implemented.
The Treatments implemented by InMemori are intended for the following operations:
- Creation and management of administrator accounts;
- Creation and management of Tribute Spaces;
- Organization of a fundraising collection;
- Communications with Users by email;
- Provision of services related to the use of the Tribute Spaces (delivery of flowers, edition of a book gathering all the messages and photos shared by the Users, setting up of a donation collection)
- Good execution of payment transactions;
- Development of statistics;
- Fight against fraud (in particular against the creation of false accounts organizing donation collections for fraudulent purposes).
4.2. On what grounds do we process your personal data?
InMemori bases the Processing it performs on the following legal bases:
• Consent: when using the InMemori services, any User accepts that InMemori can process personal data concerning him/her. InMemori reminds the User that he/she has the possibility to withdraw his/her consent at any time.
• The execution of a contract: certain information is necessary for the fulfillment of the objects of InMemori contracts. For example, we cannot provide you with a flower delivery service without collecting a delivery address.
• The legitimate interests of InMemori: some of your data is used, in particular for statistical purposes, in order to improve our functionality and offer you quality services. InMemori nonetheless ensures compliance with the principle of data minimization and acts by taking into consideration your fundamental interests, rights and freedoms.
5. Recipients of your personal data
Your Personal Data is only used by the persons authorized for this purpose at InMemori.
Your Personal Data is also processed by the Administrator of a Tribute Space, in his/her capacity as joint manager (see article 1 and the Appendix).
Your Personal Data can also be transmitted to the service providers with which you wish to be put in contact (for the delivery of flowers or the edition of a book of tributes) and to the associations chosen by the Users when they wish to obtain a tax receipt after making a donation.
InMemori implements the appropriate operational and contractual measures to ensure that all entities processing your Personal Data are in compliance with the applicable regulations relating to the protection of personal data.
In addition, InMemori may be required to communicate your Personal Data to third parties when such communication is required by law, regulatory provision or a court decision, or if this communication is necessary to ensure the protection and defense of its rights.
Finally, if InMemori or all or part of its assets are purchased by a third party, the Personal Data will be transferred to the new owner, who will assume the obligations incumbent on the controller.
6. International transfers of personal data
Personal Data collected by InMemori can be transferred to and stored in a destination outside the European Economic Area (EEA). Where applicable, any transfer is made with appropriate guarantees in accordance with the applicable regulations on the protection of personal data. Thus, any transfer of your Personal Data outside the EEA is made to countries ensuring an adequate level of protection (as determined by the European Commission).
In the event that these third countries do not benefit from an adequacy decision, InMemori implements appropriate protection measures to ensure the legality of these data transfers, in particular by using the Standard Contractual Clauses adopted by the European Commission. Models of these Standard Contractual Clauses are available at the following address: https://www.cnil.fr/fr/les-clauses-contractuelles-types-de-la-commision-europeenne
If you would like more information on our practices regarding international data transfers, please contact us at firstname.lastname@example.org.
7. Duration of the conservation
7.1. Conservation des données des Espaces en Hommage
Your Personal Data is kept for a period strictly necessary for the purpose of its processing. Given InMemori's strong attachment to the work of mourning and memory of each person, the Tribute Spaces remain active twenty years after their creation in the absence of a decision on the part of the Administrator to close the Space before this deadline. After closing the Tribute Space (either by decision of the Administrator, or for inactivity of the Space for more than three years), it is kept by InMemori services for a period of five years, without it is not possible for Users to access it. Tribute Spaces that are not activated are deleted within 3 months of their creation.
7.2. Storage of other data
The general retention policy for other Personal Data used by InMemori is as follows:
• Identification data (last name, first name, email address): this data is kept for five years from the last connection to the Site.
• Connection data: this data, collected by InMemori via cookies and other tracers placed on the Site, is kept for a period not exceeding thirteen months from your last visit to the Site. For more details on cookies, how they work and how to configure them, please consult our Cookies policy.
• Data collected as part of a commercial communication: Personal Data collected as part of a commercial communication will be kept for a period of 3 years from the time of its collection or your last contact with InMemori. You can at any time request to stop receiving our commercial communications by contacting us via the following address email@example.com or by unsubscribing from the mailing lists.
• Other data: in order to fight against fraud, InMemori may have to collect and process a certain number of personal data concerning people suspected of having committed a fraud in the law (for example, by creating a Tribute Space dedicated to a living or fictitious person in order to organize a collection of donations and with the aim of diverting them). This information will only be kept for the needs and for the duration necessary for the verification of the alleged facts then, if necessary, for the implementation of prosecutions or the means allowing to put an end to it until final settlement of the file. or, in the event that InMemori decides not to initiate proceedings, for a period of five years from the last incident noted.
Your Personal Data may also be kept by InMemori to comply with the various accounting and legal obligations incumbent on it. Beyond these durations, your data is either deleted or stored anonymously for statistical purposes.
8. Security of your personal data
InMemori implements all appropriate technical and organizational measures to guarantee the rights and freedoms of its Users, in particular by protecting Personal Data against unauthorized access, destruction, loss, alteration, unauthorized disclosure of data to personal data transmitted, stored or otherwise processed.
InMemori undertakes in this regard to comply with the internal Personal Data Violation policy that it has put in place and to notify any personal data violation likely to generate a risk for the rights and freedoms of the persons concerned at the the competent supervisory authority and / or to the persons concerned.
9. Information about your rights
In accordance with the Personal Data Regulations, you have the following rights:
• Right of access: you have the right to know what data InMemori has about you and to obtain a copy.
• Right of rectification and erasure: you have the right to ask for rectification of erroneous or obsolete Personal Data concerning you and for it to be deleted.
• Right of opposition and limitation of Processing: you have the right to object to the way InMemori processes your Personal Data or to request that their processing be limited as far as possible, subject to the grounds compelling legitimate reasons that InMemori could justify to continue processing them.
• Right to portability: you can ask InMemori to send you data concerning you in an organized, commonly used and machine-readable format in order to transmit it to another controller, provided that this is possible.
• Right to define directives relating to the fate of your Personal Data after your death: you can determine (generally or specifically) beforehand what will happen to your data after your death. You have the possibility to modify or revoke these directives at any time.
10. Exercising your rights
To exercise any of the above rights or for any questions relating to your Personal Data, please contact InMemori at the following address: firstname.lastname@example.org.
You can also submit any complaint about the way in which InMemori collects and processes your Personal Data to the CNIL at the following address: National Commission for Information Technology and Liberties, 3 place de Fontenoy - TSA 80715 - 75334 PARIS CEDEX 07.
InMemori reserves the right to refuse an unfounded or abusive request. For example, when the same request has submitted ten times to us while it has already been satisfied or is being processed.
12. Links to other websites
The Site may contain links to the websites of InMemori's business partners or third-party companies. Please note that these websites have their own privacy policies and that InMemori is not responsible for the use made by these sites of the information collected when you click on these links and access them.
Annex - Relations between InMemori and the administrators of a Tribute Space as controllers
Article 1: Personal Data
In the context of their contractual relations, InMemori and the administrator undertake to comply with the regulations in force applicable to the processing of personal data and, in particular, Regulation (EU) 2016/679 of the European Parliament and of the Council of April 27, 2016 (“GDPR”). For the purposes of this agreement, the parties agree that when used with a capital letter, the terms have the meaning given to them in Article 4 of the GDPR.
The purpose of this agreement is to define the conditions under which an administrator, that is to say any person who has created a tribute page and who manages it (hereinafter, "the Administrator") and InMemori, as Co-Controllers, determine their respective obligations and responsibilities in order to comply with the requirements of the GDPR.
1.1 : Characteristics of Personal Data Processing
Nature and Purpose of the Processing: The purpose of the Processing is the creation and management of a "tribute space" dedicated to a deceased person (hereinafter, the "Deceased"), by any person designated as being Administrator.
Category of Persons Concerned: the Persons Concerned are any user contributing to the tribute page.
Type of Personal Data The personal data processed by InMemori and the Administrator are as follows: surname, first name, e-mail address, messages, images and photographs (hereinafter, the "Personal data").
Duration of Processing InMemori deletes Personal Data and data relating to the deceased when the tribute pages generated following the death of the deceased are not used for a period of five years.
1.2 : Information of the Persons Concerned
The Parties agree that it is the responsibility of InMemori to inform the Data Subjects of this Personal Data Processing and in particular: • the identity and contact details of InMemori and of the fact that InMemori and the Administrator will be the recipients of the Data Personal users who have published content on the tribute page and data relating to the deceased; • the contact details of the data protection officer, if applicable; • the purposes of the Processing as defined above; • the legal basis of the Processing; • the retention period for Personal Data; • the right for the Data Subjects to exercise the rights resulting from the GDPR, and in particular the right of access, rectification, erasure, limitation as well as the right to oppose the Processing defined above and the right to send a complaint to the CNIL.
1.3 : Responsibilities
- not to use the Personal Data collected for purposes other than those targeted by InMemori's services and in particular for commercial purposes;
- not to share Personal Data with third parties having no relation with the deceased in particular by diffusing them on Internet, in particular on sites which would attack the honor or the dignity of the deceased or the Persons concerned;
- not to publish commercial communications on the space in homage or to use this one for professional purposes;
- not to use the page as a tribute for illegal, malicious or discriminatory purposes;
- not allow or encourage breaches of the T & Cs;
- not to download the InMemori content or to make use of it other than that envisaged by the CGU.
The Data Subjects exercise their rights in accordance with the stipulations below.
Exercise of the rights of the data subjects and contact point
It is agreed between the Administrator and InMemori that the Data Subjects exercise the rights that the GDPR confers on them in respect of InMemori. Any complaint concerning the rights of the Data Subjects can be made to the following address email@example.com.
1.5: Provision of the outline of the agreement
Version applicable since March 28, 2019
1. What is a cookie?
InMemori uses tracers (“Cookies”) to provide its Users with the best possible browsing experience on the Site. A Cookie is a small computer file deposited and read, in a dedicated space on the hard drive of your terminal (computer, smartphone, tablet, etc.), when consulting a website, reading an email or during the use of software or a mobile application. There are different types of Cookies:
- Session Cookies: which are temporary and deleted as soon as you close your browser;
- Persistent Cookies: which remain on your device until the end of their lifespan or until you delete them using the features of your browser.
These Cookies generally have the purpose of facilitating navigation on a site by making it faster and more personalized. They are also used to collect information about your use of the site. For example, it is possible for us through Cookies to know your operating system and browser, your internet service provider, your domain name and IP address as well as your browsing path on our Site (URL pages consulted, duration of page consultation, etc.).
2. Which cookies does InMemori use?
InMemori uses the following cookies:
Absolutely necessary Cookies: These Cookies allow you to use the basic functionality of the Site. They are generally installed in response to actions on your part to access services such as connection to a secure area of our Site. These Cookies are essential for the proper functioning of the website.
- Preferences Cookies: These Cookies are used to recognize Users who return to the Site and to offer them personalized navigation (for example, by choosing the language of the site). These Cookies collect anonymous information and cannot track your movements on other sites.
Blocking or deleting Preferential Cookies can reduce the optimization of the Site's functionality, but does not prevent it from functioning.
- Security Cookies: These Cookies are used to authenticate Users and prevent the fraudulent use of login information. They are used, for example, to prevent fraudulent use of a Tribute Space Administrator account.
The applicable legislation in terms of Cookies and Tracers requires to collect the consent of the User before any storage of information on the equipment thereof or access to information already stored; unless these actions are strictly necessary for the delivery of an information society service expressly requested by the User.
By continuing to browse the Site during the first connection, Users accept the deposit of Cookies on their terminal, for a maximum duration of 13 months, according to the default setting. InMemori reminds its Users that they can at any time withdraw their consent to the placement of Cookies and modify the settings of their Internet browser to that effect.
4. How to configure your cookie preferences?
In the event that you still wish to withdraw your consent to the placement of Cookies, you can configure your internet browser as follows:
- for Internet Explorer : http://windows.microsoft.com/en-us
- for Safari : https://support.apple.com/guide/safari/manage-cookies-and-website-data-sfri11471/mac
- for Chrome : https://support.google.com/chrome/answer/95647?hl=en
The main help sites for configuration according to your smartphone are the following:
- OS : http://support.apple.com
- Android : https://support.google.com/chrome
- Blackberry : http://docs.blackberry.com/en/smartphone_users
- Windows Phone : https://www.microsoft.com/en-us/security
This policy was last revised on the date indicated at the top of this page.
InMemori may modify it at any time, but we will ensure that you are informed of these possible modifications.