Data Protection

Data Protection regulations of MEMOSEO

Introduction

The protection of personal user data has top priority for MEMOSEO at all times. It is a matter of great importance to us that users of the MEMOSEO Website are able to feel secure in using the services we offer. In the following data protection regulations we shall inform you of what data are collected and processed in the course of your visits to and use of MEMOSEO and what uses are made of your personally related data by us with your permission.

These data protection regulations represent a completion of the "MEMOSEO General Terms and Conditions of Business”.

Basic Principles

The applicable laws and regulations in force in data protection are maintained by MEMOSEO with the greatest strictness. These include first and foremost the data protection statutory terms of the German Telemedia Act (TMG), the Federal Law on Data Protection (BDSG), the data protection regulations as included in the German Telecommunications Act (§§ 85 ff. TKG) and the statutory specifications at EU level.
The provision of personally related data is a prerequisite for using the services of MEMOSEO that are subject to a registration obligation. These data are collected solely and exclusively for this purpose. MEMOSEO treats the personally related data of its users in confidence and will on no circumstances make this material available for the advertising or marketing purposes of third parties.

Personally related data

On registration for the use of MEMOSEO services some specific personal data is required from you and this is stored so as to be able to authenticate you as a user at a later date as also to be able to send you the latest news concerning the MEMOSEO services with your permission to do so. The following data is requested by MEMOSEO:
first name, family name
road, house number
postcode, town/city
country
e-mail address
phone number (optional)

Purpose of use

MEMOSEO shall treat your data in confidence. Your personally related data serves as the foundation and administration of your user relationship. This user data is not handed on to third parties by MEMOSEO, this means that this data is neither sold nor leased. MEMOSEO is under a legal obligation to hand over personally related data to investigating official authorities and the courts when it is ordered to do so.
As a rule the personally related stock data that is collected in the course of logging on for the use of the MEMOSEO services, is deleted or locked following the conclusion of the ”contractual relationship”, except in such cases where it must be saved and retained under law. MEMOSEO reserves the right in the event of infringements against the ”General Terms and Conditions of Business” or against applicable laws or infringement of the rights of third parties to save and retain the personal related data of the user beyond the date of the cancellation of the contract until such a time as the concrete facts of the case have been clarified.

Data of deceased persons

The data which you have deposited as a user of a MEMOSEO Memorial Stone or of a condolence message for a deceased person, is saved in the MEMOSEO database and is available and visible on a public basis for every Internet user. Please use MEMOSEO with due respect, regard and consideration for the relatives, family members and friends and acquaintances of deceased persons.

Invitations

If you have set up a MEMOSEO Memorial Stone for a deceased person as a user, you have the right to invite other persons (relatives, dependents, friends, acquaintances, etc.) to participate in this memorial, and this is done by sending them an ”invitation e-mail”. This functions by means of an automated “invitation system”. You can and must enter the e-mail addresses of the people who have received the invitation here. This data (the e-mail addresses) is used exclusively for the sending out of the invitations, they are not published, analysed nor are they sold to third parties.

Log files

Each time the MEMOSEO Website is accessed the Internet browser that is used provides the access data, and this is automatically saved in a protocol file, the so-called Server-Log, by MEMOSEO. The data record that is saved in the course of this contains the following information:
- The IP address, by means of which the computer, but not its user is clearly identified.
- The remote host (name and IP address of the computer that requests the site)
- The time of the access, status, the data quantity that is transmitted, referrer URL (sites that have previously been visited)
- The product and the version information of the browser that has been used

MEMOSEO uses the standardised ”Combined” logfile format of the Apache Webserver for this purpose.
This data is not brought together with personally related user data by MEMOSEO and it thus remains anonymous. The log files are primarily used by MEMOSEO for statistical purposes. An evaluation is made for example, about on what times and days the MEMOSEO Website and its services are particularly popular.
MEMOSEO reserves the right, however, to check the log files of the MEMOSEO users against whom either concrete facts or well founded suspicion exists that they are using either the Website and/or the services provided by MEMOSEO for purposes that are either against the law or contrary to contract. This is done for the benefit and the protection of the other users. The checking of the log information is performed subsequently using the last known IP address of such MEMOSEO users.

Links

In MEMOSEO there are links that provide directions to other Websites, MEMOSEO is not responsible for the data protection guidelines and practices of these other Websites.
Despite our very careful control of contents, we cannot accept liability for any external links. The sole responsibility for the contents of linked pages lies exclusively with those who operate the sites.
All the information provided on these pages is very carefully checked and it is regularly updated. We cannot provide a guarantee or liability, however, that all the data and information given is correct, up-to-date or is full and complete.
This applies in particular for links, either direct or indirect leading to other Websites. None of the contents may be published, used, changed or passed on to others without the express written permission of Kommaneun WA GmbH. All user rights are in the exclusive possession of Kommaneun WA GmbH.

Security of data

Your data is protected both online and physically. We guarantee to the terms of the statutory security of data regulations that no one apart from authorized users may access and see the data and documents. You have at all times a right free of charge to information, correction, the locking and deletion of your saved data. Please address your inquiries to the following contact point: contact(at)memoseo.com.

Amendment to the data protection regulations

MEMOSEO reserves the right to change the data protection regulations when it is necessary to change them. The changes will be made known on the MEMOSEO Website so that users will always be informed about these and about what data is recorded and used. Whoever uses the services of the MEMOSEO Website is bound to the data protection regulations, even in cases where these have been amended.

Data protection for payments online

We make use of technical and organisational security measures to secure bank data which we maintain against any chance or intentional manipulations, losses, destruction or the access of unauthorised persons.

General Terms and Conditions of Business of MEMOSEO

Conditions of Use

Please read the Conditions of Use carefully and precisely before making use of the services offered by the MEMOSEO Website. The use of the Website is regulated by the Conditions of Use and is made available by the service provided by MEMOSEO. You may use the service when you confirm that you have read the Conditions of Use and that you have both understood and accept these conditions. When you do not accept these Conditions of Use you may not use the services provided by the MEMOSEO Website but you may only read and examine the contents as a guest reader, otherwise you will be asked to leave the page.

Minimum age

The services of this Website may only be used by persons older than 16 years. Persons younger than 16 years of age may not use the services. If you are a person under the age of 16 years, we would ask you to please consult a person over the age of 16 years. The minimum age limitation applies only to the use of the services offered, and this means the setting of a MEMOSEO memorial page and use of the MEMOSEO condolence pages. There is no age limitation set for visiting the site and reading its contents.

Code of Use

Please use MEMOSEO with due respect, regard and consideration for the relatives, family members and friends and acquaintances of deceased persons. When using MEMOSEO the user must on no account make use of prohibited textual, photographic, video or audio material nor upload it. (This includes among others representations that are contrary to law, contents that include advertising or recommendations for commercial products, threatening, racist, discriminatory, untruthful or libellous statements). The texts, materials and data must be compliant with the international legal regulations and must on no account infringe against ethical or moral principles. When these regulations are contravened or an attempted contravention is made or a call to contravene them is issued MEMOSEO has unlimited rights to delete all such data files both in text and image as also in sound and shall report the contravention to the relevant authorities. Should a fee then be due for payment this shall not be recompensed in any way by MEMOSEO. The influencing of the Internet portal MEMOSEO and its server through the use of virus programs, Trojan programs, mail bombs etc. is punishable under law and shall be prosecuted under international law and also reported to the authorities in the relevant country of origin.

User Information

On using the services provided by MEMOSEO the user declares that s/he is the copyright owner of all audio-visual files and material that is used. No stolen, licensed or copied textual, photographic, video or audio files may be used. No textual, photographic or audiovisual material may have contents that are contrary to law, contents that include advertising or recommendations for commercial products, threatening, racist, discriminatory, untruthful or libellous statements. The texts and representations used must be truthful. MEMOSEO has unlimited rights to immediately delete a personalised Website with all its contents when it has suspicions of or concrete grounds for seeing an infringement against or a matter of serious concern about a copyright. Abuses shall be reported to the appropriate authorities in the relevant country of origin. Any fee paid shall not be reimbursed.

Intellectual Property and Copyright

The MEMOSEO Website in its full extent and in its separate pages, in both the visual elements of the Website, including and without any limitations to the designs, the logo, the pictorial material, the photographs, digital material, video files and audio signals are in the full and complete ownership and are copyright protected by Kommaneun WA GmbH. The software and digitalisation have been specifically programmed for the MEMOSEO Website and are the intellectual property of Kommaneun WA GmbH and are protected by worldwide copyright. The programs for the creation of the Website are protected by worldwide copyright by the issuers of the licences and are registered trademarks.

The MEMOSEO Website is of a social character and may not be used for advertising purposes to promote the products or services of third parties, nor for social institutions and other commercial and non-commercial products and services. Legal steps will be taken where there is an appearance of abuse here. On the making of an application for a personalised Website and the agreement given in this to the General Terms and Conditions of Business you are providing an unlimited statement to the effect that all textual, photographic, video or audio material and any other material extending beyond this as used by you is your exclusive copyright. MEMOSEO has unlimited rights to immediately delete a personalised Website with all its contents when it has suspicions of or concrete grounds for seeing an infringement against or a matter of serious concern about a copyright. MEMOSEO issues you with a limited, non-exclusive personalised license to make use of the Website and its contents for purposes of research, for searching names and contents on the Websites, for the setting up of accounts, for entering and deleting information in textual form, for uploading and deleting photographs and pictorial data files. Neither the personalised Website nor the MEMOSEO portal with all of the unlimited contents, may be used for business, commercial or trade purposes.

Guarantee Exclusion

MEMOSEO cannot provide a guarantee for the accuracy of all the information that is provided on its pages, this applies both for the memorial stone and the condolence pages. MEMOSEO makes every effort to inform its users and make them aware that all textual, photographic, video or audio material should be used in a truthful manner to the best of their knowledge and conscience. MEMOSEO maintains and administers all data with the greatest care, in order to be able to ensure the availability of the MEMOSEO Memorial Stones for the selected period of time. MEMOSEO cannot, however, provide a guarantee for the actual duration and availability of the Memorial Stones. In the event of technical faults, changes to the technical or statutory framework conditions and as a result of force majeur the actual duration and availability of the pages and of the Memorial Stones cannot be ensured.

Transfer of use to MEMOSEO

By agreeing to the Conditions of Use the visual and audio files and their publication in the Internet portal MEMOSEO are transferred to the Internet portal MEMOSEO for an unlimited period of time, irrevocably and license-free. The license hereby issued free of all dues and fees shall survive the death and the legal accountability of the person making use of the service. All of the textual, photographic, video or audio material / files may be used for purposes of making MEMOSEO known. The terms of the licenses of third parties shall be made known to the users of the memorial pages and the condolence pages. MEMOSEO has the right to hand over all files to those parties lodging claims in the event of infringements against license terms. MEMOSEO draws the attention of all users to the fact that no infringements may be made against the license rights held by third parties to all textual, photographic, video or audio material.

Reporting of misuse

As a MEMOSEO user you have the obligation to ensure that none of the content of either a textual, photographic or audiovisual nature is unlawful, that the content does not include advertising or product recommendations, nor is it threatening, racist, discriminatory, untruthful or libellous. In the event of a misuse of the MEMOSEO pages and the MEMOSEO condolences any user can use the button ”! Report” or the e-mail address: contact(at)memoseo.com to contact the MEMOSEO team with this information, quoting the MEMOSEO number.

Exclusion of liability

Despite careful control of the contents MEMOSEO cannot accept liability for the contents of linked external textual, photographic, video or audio material /files. The sole responsibility for the contents of linked pages lies exclusively with those who operate the sites. All contents included on these linked pages are checked regularly on a random sampling basis. But no guarantee or liability can be accepted for them, however, either that all the data they contain is correct, current and complete, nor that ethical and moral principles have been infringed against and that they do not represent infringements against applicable laws. This applies in particular for links, either direct or indirect leading to other Websites. None of the contents on this site may be published, used, changed or passed on to others without the express written permission of MEMOSEO. All user rights are in the exclusive possession of Kommaneun WA GmbH.

Compensation

With the confirmation of acceptance of the Conditions of Use the author of the memorial pages or the condolences also declares without limitations the acceptance of any claims for damages made against MEMOSEO that are the result of the memorial pages and condolences which they have created.

Amendments to the Conditions of Use

MEMOSEO retains the right to introduce unlimited amendment and change to the Conditions of Use at any time insofar as this change shall contribute to the prevention of damage being caused, or where it serves an adjustment or further development suitable to advances and changes in the times.