1. APPLICABLE LEGISLATION
Paragraph Two of Article 22 of Spanish Law 34/2002, of 11 July, on services of the information society and e-commerce (hereinafter, LSSI-CE), establishes the following:
1. The service providers may use data storage and recovery devices on terminals of the recipients provided that the same have provided their consent after they have been given clear and complete information about the use thereof, in particular, about the purpose for processing the data, in accordance with the provisions of Spanish Constitutional Law 15/1999, of 13 December, on Personal Data Protection.
Whenever technically possible and effective, the consent from the recipient to accept the processing of data may be provided by using the appropriate features of the browser or other applications, provided that the recipient must complete the configuration thereof during installation or update by means of express acceptance to said effect.
The above will not prevent possible storage or access of a technical nature for the sole purpose of conveying a communication via an electronic communications network or, as far as strictly necessary, for providing a service of the information society expressly requested by the recipient.
As stated by the “Guidelines on the Use of Cookies” published by the Spanish Data Protection Agency (hereinafter, AEPD) in 2013, the LSSI-CE applies to any type of file or device that is downloaded onto the terminal of a user for the purpose of storing data that may be updated and recovered by the entity responsible for the installation thereof. Cookies are a widespread of example of such devices. Hence, we will generically refer to such devices as cookies hereinafter.
The cookies used for any of the following purposes are exempt from compliance with the obligations established in Article 22.2 of the LSSI-CE:
• Only allowing communication between the user’s computer and the network.
• Strictly providing a service expressly requested by the user
2. TYPES OF COOKIES AND THEIR PURPOSE
A cookie is a file that is downloaded to your computer and enables a website to, among other things, store and recover information about the browsing habits of a user or their device and, depending on the information contained and the way in which the same is used by your computer, may be used to recognise the user.
As stated in the “Guidelines on the Use of Cookies” of the Spanish Data Protection Agency, there are different types of cookies based on the purpose for which the data obtained via the cookies is processed:
• Technical cookies: These allow the user to browse a website, platform or application and use the various options or services available, such as control data traffic and communication, identify the session, access restricted areas, remember the items included in an order, complete the purchase process for an order, request registration or participation in an event, use security elements while browsing, store content for video or audio playback, or share content via social media networks.
• Customisation cookies: These allow the user to access the service with some general characteristics that are predefined according to a series of criteria on the user’s terminal, such as the language, type of browser being used to access the service, regional configuration from where the service is accessed, etc.
• Analysis cookies: These allow the cookie owner to track and analyse user behaviour on the websites with which they are associated. The information collected by this type of cookies is used for measuring activity on the website, application or platform and for building user browsing profiles for said website, application and platform, in order to make improvements based on analysis of the data concerning the use made by users of the service.
• Advertising cookies: These cookies enable the most effective management possible of the advertising spaces that, if applicable, the website publisher has included on a website, application or platform from which the service requested is provided based on criteria such as the content published or the frequency with which the advertisements are shown.
• Behavioural advertising cookies: These cookies enable the most effective management possible of the advertising spaces that, if applicable, the publisher has included on a website, application or platform being used to provide the requested service. These cookies store information about the behaviour of users obtained through the ongoing observation of their browsing habits, which enables a specific profile to be developed and advertisements to be displayed based on that profile.
3. PRINCIPLE OF INFORMATION
The information obtained via the cookies installed on your computer will be used for the purpose of guaranteeing the quality and security of, and improving the services offered, as well as to enable our advertising campaigns to be monitored.
The following entities will be the recipients of the information obtained via the cookies installed on your computer:
o Our entity, as publisher responsible for the website and data controller.
o The following entities, directly related with our entity: Google Inc. (Google Analytics)
4. PRINCIPLE OF CONSENT
Your consent for the installation of cookies is provided by ticking the box marked “ACCEPT” that is included in our pop-up window, and extended information on cookies is shown in this Cookies Policy.
5. INSTALLATION OF COOKIES
Although accepting the installation of cookies on your computer is your own decision, refusal to accept the installation thereof may lead to limited or lack of functionality of the website, which will make it impossible for our entity to provide services through this channel.
6. DEACTIVATION OF COOKIES
You may block, deactivate or change the settings for the cookies installed on your computer at any time. Instructions to do so for the most common browsers can be found here:
CHROME: https://support.google.com/chrome/answer/95647?hl=es
EXPLORER: http://windows.microsoft.com/es-es/windows-vista/Block-or-allow-cookies
FIREFOX: http://support.mozilla.org/es/kb/habilitar-y-deshabilitar-cookies-que-los-sitios-we
SAFARI: http://www.apple.com/es/privacy/use-of-cookies/
As well as the third-party Google AdWords cookies.
http://www.google.es/intl/es/policies/technologies/cookies/
Our entity accepts no liability for the content or accuracy of the cookies policies of the aforementioned third parties.
7. THE SECURITY OF YOUR DATA
We endeavour to protect your data with effective security measures based on the risks implied by the use of your information.
To this end, our entity has approved a Data Protection Policy and undertakes controls and annual audits to verify that your personal data are secure at all times.
8. WHERE CAN YOU LODGE A COMPLAINT?
Did you know that our entity has a data protection officer to which you can send your complaints, queries and suggestions regarding the use of your personal data?
Our data protection officer is called AUDIDAT and it can be contacted at:
o Telephone: (+34) 961 318 804
o E-mail address: info.valencia@audidat.com
o Website: http://www.audidatvalencia.com/
If you believe that your rights have been breached by our entity, you can also lodge a complaint with the Spanish Data Protection Agency through any of the following channels:
o e-Office: www.agpd.es
o Postal address:
Agencia Española de Protección de Datos
C/ Jorge Juan, 6
28001-Madrid
o Telephone:
Tel.: (+34) 901 100 099
Tel.: (+34) 912 663 517
Lodging a complaint with the Spanish Data Protection Agency is free and no lawyer is required.