The second section of article 22 of Law 34/2002, of July 11, on Services of the Information Society and Electronic Commerce (hereinafter, LSSI-CE), establishes the following:
Service providers may use data storage and retrieval devices in terminal equipment of the recipients, provided that they have given their consent after they have been provided with clear and complete information about their use, in particular, about the purposes of the data processing, in compliance with current legal regulations regarding the protection of personal data
When technically possible and effective, the consent of the recipient to accept the processing of the data may be facilitated by using the appropriate parameters of the browser or other applications, provided that it must proceed to its configuration during installation or update through an action Express for that purpose.
The foregoing shall not prevent the possible storage or access of a technical nature solely for the purpose of transmitting a communication over an electronic communications network or, to the extent strictly necessary, for the provision of a service of the information society. expressly requested by the recipient.
According to the “Guide on the use of cookies”, published by the Spanish Agency for Data Protection (hereinafter, AEPD) in 2013, the LSSI-CE is applicable to any type of file or device that is downloaded in the terminal equipment of a user with the purpose of storing data that can be updated and recovered by the entity responsible for its installation. The cookie is one of those devices widely used so, from now on, we will generically refer to these devices as cookies.
Cookies used for any of the following purposes are exempt from compliance with the obligations established in article 22.2 of the LSSI-CE:
- Allow only communication between the user’s equipment and the network.
- Strictly provide a service expressly requested by the user.
TYPES OF COOKIES ACCORDING TO THEIR PURPOSE
A cookie is a file that is downloaded to your computer when you access certain web pages. Cookies allow a web page, among other things, to store and retrieve information about the browsing habits of a user or their equipment and, depending on the information they contain and the way they use their equipment, they can be used to recognize to user.
As stated in the “Guide on the use of cookies” of the AEPD, according to the purpose for which the data obtained through cookies are processed, we can distinguish between:
- Technical cookies: Are those that allow the user to navigate through a web page, platform or application and the use of different options or services that exist in it, such as controlling traffic and data communication, identifying the session, access restricted access parts, remember the elements that make up an order, perform the purchase process of an order, make the request for registration or participation in an event, use security elements during navigation, store contents for dissemination of videos or sound or share content through social networks.
- Personalization cookies: These are those that allow the user to access the service with some predefined general characteristics based on a series of criteria in the user’s terminal, such as the language, the type of browser through which the user accesses the service , the regional configuration from where you access the service, etc.
- Analysis Cookies: These are those that allow the person responsible for them to monitor and analyze the behavior of the users of the websites to which they are linked. The information collected through this type of cookies is used in the measurement of the activity of the websites, application or platform and for the elaboration of navigation profiles of the users of said sites, applications and platforms, in order to introduce improvements in function of the analysis of the data of use made by the users of the service.
- Advertising cookies: are those that allow the management, in the most efficient way possible, of the advertising spaces that, if applicable, the editor has included in a web page, application or platform from which the requested service is provided based on criteria as the edited content or the frequency in which the ads are displayed.
- Behavioral advertising cookies: These are those that allow the management, in the most efficient way possible, of the advertising spaces that, if applicable, the editor has included in a web page, application or platform from which the requested service is provided. These cookies store information on the behavior 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.
- Third-party cookies: The website of this company may use third-party services that, on behalf of this company, collect information for statistical purposes, use of the Site by the user and for the provision of other services related to the activity of the Website and other Internet services.
LEVELS OF INTRUSIVITY AND DEACTIVATION OF COOKIES
There are three scales of intrusiveness of cookies:
Level 1: corresponds to internal use cookies essential for the provision of the service requested by the user.
Level 2: corresponds to anonymous internal use cookies necessary for the maintenance of content and navigation, as well as to cookies managed by third parties within the framework of services expressly requested by the user on the websites of those (eg: Social Plugins of Facebook or Twitter).
Level 3: corresponds to cookies managed by third parties in the framework of services not expressly requested by the user, allowing their monitoring through webs of which the owner of the website visited by the user does not own (eg: graphic advertising management). The specification of this level is accompanied by its owner. The use of level 3 cookies is subject to the prior permission of the user by express confirmation of acceptance.
DEACTIVATION OF COOKIES
You can disable at any time from your browser the use of cookies (third parties and own) or restrict third-party cookies.
You can also delete them when you want through the configuration of your browser.
If you are using the browser in private mode, cookies should be automatically deleted when you close the browser (depends on your Internet browser).
If you delete, alter or deactivate cookies, the website may not be displayed correctly.
Below we provide you with the links where you can consult everything related to the administration of cookies, including their elimination or total or partial non-acceptance, in some of the most common browsers:
Firefox: http://support.mozilla.org/es/kb/habilitar-y-deshabilitar-cookies-que-los-sitios-we
Chrome: https://support.google.com/chrome/answer/95647?hl=es
Explorer: http://windows.microsoft.com/es-ar/windows-vista/block-or-allow-cookies
Safari: http://support.apple.com/kb/ph5042
Opera: http://help.opera.com/Windows/12.00/esES/cookies.html
INFORMATION PRINCIPLE
In compliance with current legislation on the protection of personal data, we inform you in an express, precise and unambiguous way that the information obtained through the cookies installed on your computer will be used in order to guarantee the quality, security and improvement of the services offered, as well as the analysis of our website through Google analitycs.
PRINCIPLE OF CONSENT
The consent for the installation of the cookies will be understood through the marking of the box relative to the acceptance of the “Cookies Policy” provided for that purpose on our website.
In cases where the user does not expressly indicate whether or not he accepts the installation of cookies, but continues to use the website or the application, it will be understood that he has given his consent, our entity expressly informing him of the possibility of blocking or eliminating the Cookies installed on your computer by configuring the browser options installed on your computer.