ADEQUACY TO THE “COOKIES LAW”
The LSSI (Law 34/2002, of July 11th, regarding the information society and electronic commerce) is applicable to cookies, understood as any type of data storage and retrieval device used on the computer of a user in order to store information and recover the information already stored, as established in article 22.2 of the LSSI.
There are two legal responsibilities imposed by these regulations: obtaining consent in non-excepted cases and the duty of information.
1.1 Obtaining consent
The second section of article 22 of the LSSI establishes:
“Service providers may use data storage and retrieval devices in recipients’ terminal equipment, provided that they have given their consent after they have been provided with clear and complete information on their use, in particular, on the purposes of data processing, in accordance with the provisions of Organic Law 15/1999, of December 13, on the protection of personal data. ”
- a) Technical cookies: are those that allow the user to navigate through a web page, platform or application and the use of the different options or services that exist in it, including those that the editor uses to allow the management and operation of the website and enable its functions and services:
– “User input” cookies: session and user input cookies are often used to track user actions when filling in online forms on various pages, or as a shopping basket to track items that the user has selected when pressing a button
– User authentication or identification cookies (session only)
– User security cookies, for example, cookies used to detect erroneous and repeated attempts to connect to a website
– Media player session cookies
– Session cookies to balance the load
– Certain add-on cookies (plug-in) to exchange social content only for those users who have decided to keep the session open.
- b) Preference or customization cookies: they are those that allow the user to remember information so that the user accesses the service with certain characteristics that can differentiate their experience from that of other users, such as, for example, the language, the number of results to show when the user performs a search, the appearance or content of the service depending on the type of browser through which the user accesses the service or the region from which the service is accessed, etc.
It will not be necessary to obtain consent for the use of these cookies if the user herself chooses these characteristics (for example, if she selects the language of a website by clicking on the icon of the flag of the corresponding country).
- c) Analysis or measurement cookies: these are those that allow the person responsible for them to monitor and analyze the behaviour of the users of the websites to which they are linked, including the quantification of the impacts of the advertisements. The information collected through this type of cookie is used to measure the activity of the websites, application or platform, in order to introduce improvements based on the analysis of the use data made by users of the service. Although these cookies are not exempt from the duty to obtain informed consent for their use, it is unlikely that they represent a risk to the privacy of users as long as they are the entity’s own cookies, which process aggregated data for strictly statistical purposes, that information on their uses is provided and the user is given the possibility of rejecting them.
For the installation and use of non-excepted cookies (other cookies) it will be necessary in any case to obtain the user’s consent.
This consent, from the entry into force of the General Data Protection Regulation (RGPD), must be obtained through express formulas, such as clicking on a section that indicates “I consent”, “I accept”, or other similar terms.
At all times, the user must be given the possibility of rejecting the installation of cookies that require consent.
1.2 Duty of information
Information must be provided on all cookies used, both those that do not require consent (necessary cookies) and those that do require it (optional cookies).
The information about the cookies provided at the time of requesting consent must be sufficiently complete to allow users to understand the purpose for which they were installed and to know the uses that will be given to them.
2 Fitting instructions
2.1 Duty of information
The content of said Cookies Policy page is indicated in ANNEX 1 of this document that must be completed by the customer according to the cookies used.
2.2 Obtaining consent
The user must select one of the two buttons included (Accept or Reject) to continue browsing. Optionally, it is advisable to include a link “More information” that allows the user to determine which optional cookies he authorizes (from all to none).
No cookie will be installed that requires the user’s consent if the user has not clicked the “Accept” button.
Consent update: The Spanish Data Protection Agency considers it good practice that the validity of the consent given by a user for the use of a certain cookie does not last longer than 24 months and that during this time the selection made by the user is kept. user about their preferences, without being asked for a new consent each time they visit the page in question.
3 ANNEX 1: Cookies use policy
In compliance with article 22.2 of Law 34/2002, on Information Society Services, we inform users of our website of our Cookies Use Policy.
What is a Cookie?
Cookies are files that contain small amounts of information that are downloaded to the user’s device that is used when you visit our website. Its main purpose is to recognize the user (by means of identifiers that do not allow identifying her with any natural person) each time she accesses the website and also allows us to improve the usability of our websites. Cookies are essential for user interaction with the website; they cannot damage the user’s equipment / device and, if they are activated in your browser settings, they help us to identify and resolve possible errors in the operation of our website.
Types of Cookies we use
Cookies can be classified (1) according to the entity that manages them, (2) according to their purpose and (3) according to the period of time they remain activated.
According to the responsible entity:
- Own cookies: are those that are sent to the user’s terminal equipment from a computer or domain managed by our company and from which the service requested by the user is provided.
- Third-party cookies: are those that are sent to the user’s terminal equipment from a computer or domain that is not managed by our company, but by another entity that processes the data obtained through cookies. These include those used by social networks (such as Facebook) or external content plug-ins (such as Google Maps).
According to its purpose:
- Technical cookies: they allow the user to navigate through a web page, platform or application and use the different options or services that exist in it, including those that the company uses to allow the management and operation of the web page, enable its functions and services and identify the user.
- Preference or customization cookies: are those that allow the user to remember information so that the user accesses the service with certain characteristics that can differentiate their experience from that of other users, such as, for example, the language, the number of results to be displayed when The user performs a search, the appearance or content of the service depending on the type of browser through which the user accesses the service or the region from which the service is accessed, etc.
- Analysis or measurement cookies: these are those that processed by us or by third parties, allow us to quantify the number of users and thus carry out statistical measurement and analysis of the use made by users of the service offered. For this, your browsing on our website is analyzed in order to improve the offer of products or services that we offer you.
- Behavioural advertising cookies: these are those that store information on the behaviour of users obtained through the continuous observation of their browsing habits, which allows the development of a specific profile to display advertising based on it.
According to the period of time they remain activated:
- Session cookies: session cookies last only for the duration of the visit and are deleted when the user closes the session. Its main purpose is to identify the type of device, to support website security or its basic functionality. They do not contain personal information that identifies a person.
- Persistent or permanent cookies: they are stored on the device’s hard drive and the website reads them each time the user makes a new visit to the website; they have a specific expiration or expiration date, after which the cookie stops working. They allow identifying the actions and preferences of the user; analyzing visits and help understand how users get to the website and improve the services offered by it.
Our website uses the following optional cookies. The user must expressly accept its use that we can use this type of cookies on their devices. Non-acceptance of optional cookies will not affect navigation on our websites.
Name Necessary / optional Own / third party Duration Purpose
User configuration to avoid or reject cookies
We inform you that you can block or disable unnecessary cookies at any time from (Include link to the management service or cookie configuration chosen by the company), which allows you to reject the installation of all cookies or some of them. If you reject them, you may continue to use our Website, although the use of some of its services may be limited and therefore your experience on our website less satisfactory.
Keep in mind that, if you accept third-party cookies, you must delete them from the browser options.
The cookie notice will include a text like the following:
The cookies necessary for the proper functioning of the website are always used. Optional cookies will only be installed if they are accepted by the user.