Legal Warning

Company name: FUNERARIES DE CATALUNYA, S.A. (FUNECAT)
Adress: Calle Valencia, nº 359, Entlo. 1ª, 08009, Barcelona
NIF – VAT NUMBER: A59853960
Phone: 93.457.16.37
Fax: 93.207.45.78
Email: funecat@funecat.cat
website: www.funecat.com

The use of the Website is governed by the rules set out in this legal notice, as well as by the provisions of the Data Protection and Privacy Policy contained and also published on this website. The use of the same implies that you expressly accept said conditions. You can contact FUNECAT at the postal address indicated above or through the email address indicated above.

1. OBJECT AND PURPOUSE

This website has been created and designed to publicize and allow the general access of all Internet users to information, activities, products and diverse services, own or of third parties, offered by this company.

FUNECAT makes available to users this document with which it intends to comply with the obligations set forth in Law 34/2002, on Services of the Information Society and Electronic Commerce (LSSI-CE), as well as informing all the users of the website regarding what the conditions of use of the website are.

Any person accessing this website assumes the role of user, committing to the observance and strict compliance with the provisions set forth herein, as well as any other legal provision that was applicable

The providers reserve the right to modify any type of information that may appear on the website, without there being any obligation to pre-advise or inform the users of said obligations, being understood as sufficient with the publication on the website.

2. WEBSITE ACCESS

The user can freely access to the website, with the exception of the cost of the connection through the telecommunications network provided by the Internet access provider (ISP) contracted by his account.

The visit to this Website does not imply that the user is obliged to provide any information about himself.

3. WEBSITE USE

The use of the website by any person gives to him/her the condition of user, and the user hereby accepts that the use is under their exclusive responsibility.

The user agrees not to use the information, activities, products or services that FUNECAT makes available to develop activities contrary to law, morals or public order and, in general, to make all of this use in accordance with the present general conditions.

The user will refrain from obtaining, or trying to obtain, the contents by means or procedures different from those that in each case have been made available or have been indicated for this purpose.

4. RESPONSABILITY

The providers are exempt from any type of liability derived from the information published on their website, provided that this information has been manipulated or introduced by a third party.

The website of the providers can use cookies (small information files that the server sends to the computer of the person accessing the page) to carry out certain functions that are considered essential for the proper functioning and visualization of the site. The cookies used on the website are, in any case, temporary in nature with the sole purpose of making their subsequent transmission more efficient and disappear when the user’s session ends. Under no circumstances will cookies be used to collect personal information.

From the website it is possible that it is redirected to content from third-party websites. Since the provider cannot always control the contents introduced by third parties on their websites, it does not assume any responsibility for such content. In any case, the provider states that it will proceed to the immediate withdrawal of any content that may contravene national or international legislation, morals or public order, proceeding to the immediate withdrawal of the redirection to said website, informing the competent authorities the content in question.

FUNECAT is not responsible for the information and stored content, by way of example but not limited to forums, chat’s, blog generators, comments, social networks or any other means that allows third parties to publish content independently on the website of the provider. Notwithstanding and in compliance with the provisions of art. 11 and 16 of the LSSI-CE, the provider is made available to all users, authorities and security forces, and actively collaborating in the withdrawal or blocking of any content that could affect or contravene the legislation national, or international, rights of third parties or morality and public order. In the event that the user considers that there is any content on the website that could be susceptible to this classification, please notify the website administrator immediately.

This website has been reviewed and tested to work properly. In principle, the correct operation can be guaranteed 365 days a year, 24 hours a day. However, the provider does not rule out the possibility of certain programming errors, or that occur causes of force majeure, natural disasters, strikes, or similar circumstances that make it impossible to access the website.

5. PRIVACY AND PERSONAL DATA PROTECTION POLICY

The visit to this Website does not imply that the user is obliged to provide any information about himself. In the event that the user provides any information of a personal nature, the data collected on this Website will be used for the purpose, in the manner and with the limitations and rights set forth in Regulation (EU) 2016/679 of the European Parliament and of the Council General Data Protection Regulation (RGPD) and the Spanish Law of Personal Data Protection, and as explained and detailed in this policy of protection of personal data.

According with the provisions of these regulations, FUNECAT as the Responsible party informs you that your personal data collected through the Website will be processed automatically in our files duly registered with the Spanish Agency for Data Protection.

The purpose of the files is to manage the requests made and answer them as well as activities specific to our corporate purpose, consisting of repatriation activities, including the advertising and / or informative purpose of our services and the news that they occur and that consider that they may be of interest, the data may be transferred to third parties with the sole purpose of being able to fulfill the order made and for the effective provision of the contracted service, in this sense, FUNECAT guarantees that all data transfers will be made in accordance with current regulations and with maximum security. FUNECAT will keep your data once the relationship with the user is finished only for the exposed purposes or fulfillment of legal obligations and during the time foreseen in the current regulations

As a data subject, and according to your right to information, in this section we expressly inform you that you are the owner of the rights indicated below, and which are respected by FUNECAT in the processing of your personal data:

  • Right of access: The data subject shall have the right to obtain from the controller confirmation as to whether or not personal data concerning him or her are being processed, and, where that is the case, access to the personal data and other information.
  • Right of rectification: The data subject shall have the right to obtain from the controller without undue delay the rectification of inaccurate personal data concerning him or her.
  • Right of cancellation: The exercise of the right of cancellation will lead to the deletion of data that prove to be inadequate or excessive, without prejudice to the duty of blockage in accordance with the provisions of current legislation.
  • Right of opposition: it is the right of the affected party that the processing of their personal data is not carried out or is terminated in the following cases:
    • When the consent for the treatment is not necessary, as a consequence of the concurrence of a legitimate and well-founded reason, referred to the personal situation, that justifies it, in case that a Law does not provide otherwise.
    • When dealing with files that are intended to carry out advertising and commercial prospecting activities, whatever the company responsible for their creation
    • When the treatment has the aim of adoption of a decision referring to the affected and based solely on an automated treatment of their personal data
  • Right of transparency: All processing of personal data must be lawful and fair. For individuals it must be made absolutely clear that they are collecting, using, consulting or otherwise treating personal data that concerns them, as well as the extent to which said data is or will be treated
  • Right to erasure (‘right to be forgotten’): The data subject shall have the right to obtain from the controller the erasure of personal data concerning him or her without undue delay and the controller shall have the obligation to erase personal data without undue delay where one of the following grounds applies:
    • the personal data are no longer necessary in relation to the purposes for which they were collected or otherwise processed
    • the data subject withdraws consent on which the processing is based according to point (a) of Article 6(1), or point (a) of Article 9(2), and where there is no other legal ground for the processing
    • the data subject objects to the processing pursuant to Article 21(1) and there are no overriding legitimate grounds for the processing, or the data subject objects to the processing pursuant to Article 21(2)
    • the personal data have been unlawfully processed
    • the personal data have to be erased for compliance with a legal obligation in Union or Member State law to which the controller is subject
    • the personal data have been collected in relation to the offer of information society services referred to in Article 8(1)
  • Right to restriction of processing: The data subject shall have the right to obtain from the controller restriction of processing where one of the following applies:
    • the accuracy of the personal data is contested by the data subject, for a period enabling the controller to verify the accuracy of the personal data
    • the processing is unlawful and the data subject opposes the erasure of the personal data and requests the restriction of their use instead
    • the controller no longer needs the personal data for the purposes of the processing, but they are required by the data subject for the establishment, exercise or defense of legal claims
    • the data subject has objected to processing pursuant to Article 21(1) pending the verification whether the legitimate grounds of the controller override those of the data subject
  • Right to data portability: The data subject shall have the right to receive the personal data concerning him or her, which he or she has provided to a controller, in a structured, commonly used and machine-readable format and have the right to transmit those data to another controller without hindrance from the controller to which the personal data have been provided, where:
    • the processing is based on consent pursuant to point (a) of Article 6(1) or point (a) of Article 9(2) or on a contract pursuant to point (b) of Article 6(1);
    • the processing is carried out by automated means

All the foregoing rights, as well as those that may arise in accordance with current regulations on data protection, whether national or EU are very personal and will be exercised by the affected party. Such rights shall be exercised:

  • By the data subject, proving his/her identity
  • When the data subject is in a situation of disability or a minority that makes it impossible for them to exercise these rights personally, those can be exercised by their legal representative, in which case they will need to prove that condition.
  • The rights may also be exercised through a voluntary representative, expressly designated for the exercise of the right. In this case, the identity of the represented party must be clearly evidenced, through the provision of a copy of the National Identity Document or equivalent document, and the representation conferred by the latter.

The rights are independent rights, in such a way that it cannot be understood that the exercise of any of them is a prerequisite for the exercise of another. The exercise by the affected party of their rights will be free. The exercise of rights must be carried out through a communication addressed to the person in charge of the file, in our office in Barcelona, Valencia Street nº 356, entlo. 1ª, 08009, of by email to funecat@funecat.cat  which will contain:

  • Data subject name and surname; copy of the National Identity Document or equivalent document. In case of a representative, the document that prove that condition. The previous paragraph will be understood without prejudice to the specific regulations applicable to the verification of identity data by the Public Administrations in administrative procedures.
  • The application with the clear petition
  • The notification address, the date and the signature
  • The documents regarding the petition done, in case of being necessary.

Likewise, once informed of their rights, and in relation to the data provided, the USER expressly accepts that:

  • Your data is used to send you information, training and marketing of our services, via conventional or electronic means that you may consider of interest within the services we provide
  • If the data subject provides personal contact data of third parties, such as, for example, the user’s employees, the latter undertakes to inform the holders of said data of this clause, informing them prior to such communication to FUNECAT, of all the aspects included in it, especially the existence of the file, the purposes of the treatment and the possibility of exercising rights.
  • If not communicated, the data subject undertakes to leave FUNECAT  harmless, for any damage, loss, expense or sanction of any jurisdictional order that could be caused by the lack of communication of this clause to the owners of the data provided by the data subject.
  • We will proceed to the cancellation and deletion of the data collected when they are no longer necessary or relevant for the purpose for which they were collected, or when you as a user, so request it according to your right of cancellation
  • If the data collected were used for a different purpose for which they were collected or collected, the express prior consent of the interested parties will be required

FUNECAT expressly informs you that we will proceed to the cancellation of the collected data when they cease to be necessary or pertinent for the purpose for which they were collected, or when you as a data subject, proceed to request it according to your right of cancellation. Also we inform you that we have adopted all the necessary technical and organizational measures at our disposal to guarantee the security and integrity of the data, as well as to avoid their alteration, loss, treatment or unauthorized access.

The data requested on the Website are required. The refusal to provide the requested data will mean the non-provision or inability to access the service for which they were requested, given that if you do not provide them, nor does it provide your express consent for your treatment, this party would not be complying with its legal obligations derived from the current regulations for the Protection of Personal Data.

Access to this Website may involve the use of cookies. See our cookies policy that you also find on our website at your free access

6. COOKIES AND ACTIVITY FILE

The provider or a third party contracted for the provision of measurement services, may use cookies when a user browses the website. Cookies are files sent to the browser through a web server in order to record the user’s activities during their browsing time.

The cookies used by the website are associated only with an anonymous user and their computer, and do not provide the user’s personal data by themselves.

Through the use of cookies it is possible that the server where the website is located, recognizes the web browser used by the user in order to make browsing easier, allowing, for example, access to users who have registered previously, access to the areas, services, promotions or contests reserved exclusively for them without having to register for each visit. They are also used to measure the audience and traffic parameters, monitor the progress and number of entries.

The user has the possibility to configure his browser to be notified of the reception of cookies and to prevent its installation on his computer. Please, consult the instructions and manuals of your browser to extend this information.

To use the website, it is not necessary for the user to allow the installation of cookies sent by the website, or the third party acting on their behalf, without prejudice to the need for the user to initiate a session as such in each one of the services whose service requires the previous registration or “login”.

The cookies used on this website are, in any case, temporary in nature with the sole purpose of making their subsequent transmission more efficient. Under no circumstances will cookies be used to collect personal information.

7. IP ADRESSESS

The website’s servers can automatically detect the IP address and domain name used by the user. An IP address is a number automatically assigned to a computer when it connects to the Internet. All this information is registered in a server activity file duly registered that allows the subsequent processing of the data in order to obtain only statistical measurements that allow knowing the number of page impressions, the number of visits made to web services, the order of visits, the access point, etc.

8. SECURITY

The website uses information security techniques generally accepted in the industry, such as firewalls, access control procedures and cryptographic mechanisms, all with the aim of preventing unauthorized access to data. To achieve these ends, the user / client accepts that the provider obtains data for the purposes of the corresponding authentication of the access controls.

Any recruitment process or that involves the introduction of personal data of a high nature (health, ideology, …) will always be transmitted through secure communication protocol (Https: //, …), so that no third party has access to information transmitted electronically.

9. INTELLECTUAL AND INDUSTRIAL PROPERTY

The website, including but not limited to its programming, editing, compilation and other elements necessary for its operation, the designs, logos, text and / or graphics are the property of the providers or, where appropriate, have a license or express authorization by the authors. All the contents of the website are duly protected by the rules of intellectual and industrial property, as well as registered in the corresponding public registers.

Regardless of the purpose for which they were intended, the total or partial reproduction, use, exploitation, distribution and marketing, requires in any case prior written authorization from the providers. Any use not previously authorized by the providers will be considered a serious breach of the intellectual or industrial property rights of the author.

The designs, logos, text and / or graphics outside the provider and that may appear on the website belong to their respective owners, who are themselves responsible for any possible controversy that may arise with respect to them. In any case, the providers have the express and prior authorization by them.

The providers acknowledge in favor of their owners the corresponding rights of industrial and intellectual property, not implying their mere mention or appearance on the website the existence of rights or any responsibility of the providers on them, as well as endorsement, sponsorship or recommendation by part of it.

To make any kind of observation regarding possible breaches of the rights of intellectual or industrial property, as well as on any of the contents of the website, you can do so through the emails that appear in the heading of this document.

10. LAW and COURTS

For the resolution of all disputes or issues related to this website or the activities developed therein, Spanish legislation will apply, to which the parties expressly submit, being competent to resolve all disputes arising or related to its use the Courts of BARCELONA, according to the registered office of the selected service provider.