Article 22, section 2 of Law 34/2002, of 11 July, governing Information Society Services and E-commerce (hereinafter, AISS-EC) provides for the following:
Service providers may use devices for the storage and retrieval of data on recipients’ terminal equipment, provided they have given their consent after receiving clear and complete information on their use, and on the purposes of data processing in particular, pursuant to Spanish Organic Law 15/1999, of 13 December, on the Personal Data Protection.
When technically possible and effective, recipients’ consent to process data may be given through the use of adequate parameters in their browser or other applications, provided the recipient has expressly configured their settings to this effect during installation or update.
The above does not impede possible storage or access for technical reasons for the sole purpose of communication via a telecommunication network, or whenever strictly necessary, in order to provide information society services expressly requested by the recipient.
According to the Guía sobre el uso de las cookies (Guide on cookie use) published by the Agencia Española de Protección de Datos (Spanish Data Protection Agency, or AEPD in its Spanish abbreviation) in 2013, the AISS-EC applies to any type of file or device downloaded onto the terminal equipment of the recipient to store data that could be updated and retrieved by the entity responsible for their installation. A cookie is one of these commonly used files which in this document will generically be referred to as cookies.
Cookies used for any of the purposes listed below are exempt from the obligations set forth in Article 22.2 of the AISS-EC:
- Those solely used for communication between the user’s equipment and the network.
- Those used for a service expressly requested by the user.
TYPES OF COOKIES ACCORDING TO PURPOSE
A cookie is a file that is downloaded onto your computer when you enter certain web pages. Cookies allow webpages, among other things, to store and retrieve information on your browsing habits or those of your computer and, depending on the information they contain and the way they use your computer, can be used for recognizing you as a user.
As stated in the “Guide on cookie use” published by the AEPD, we can classify cookies according to their data processing purpose as follows:
- Technical cookies: These allow you to browse the web page, platform or application and use the different options or services found there, for example, to control traffic and communication of data, identify the session, enter restricted areas of the website, record information from an order, place a purchase order, register or participate in an event, use security features while browsing, store content to broadcast videos or sound recordings, or share content via social media.
- Personalisation cookies: These cookies allow you to access the service using some general pre-defined characteristics on the basis of certain criteria related to your terminal equipment such as language, type of browser used when accessing services, settings specific to the region where services are accessed, etc.
- Analytical cookies: They allow the party responsible for cookies to track and analyse the behaviour of users of their associated website. The information obtained from this type of cookie is used for measuring the activity of the website, application or platform and to develop browsing profiles for users of the website, application or platform in order to introduce improvements based on the analysis of how the service is used by them.
- Advertising cookies: These cookies help to efficiently manage, where applicable, the advertising spaces the editor has included on a website, application or platform from which they provide the requested service. This is based on criteria such as edited content or the frequency an advert is shown.
- Behavioural advertising cookies: These cookies help us to efficiently manage advertising space the editor has included on the website, application or platform from which it provides the requested service. These cookies store information on user behaviour obtained through ongoing observation of their browsing habits. This allows us to develop a specific profile for the placing of advertising that is relevant to you.
- Third-party cookies:This company’s website may use third-party services which collect information on its behalf in order to compile data for statistical purposes. This information is related to how the user makes use of the website and allows us to offer you other services related to our Website and other Internet services.
INTRUSIVENESS AND DISABLING COOKIES
There are three levels of cookie intrusiveness:
Level 1: these are cookies used internally that are essential to the service requested by the user.
Level 2: these are anonymous cookies used internally that are necessary for the maintenance of website content and navigation, as well as cookies managed by third parties for the provision of services expressly requested by the user on third-party websites (e.g., Facebook or Twitter social media plugins).
Level 3: these cookies are managed by third parties for the provision of services not expressly requested by the user. These track your activity on websites are not owned by the original website visited by user (e.g., advertising management platforms). Users will be informed of the owner when this type of cookie is specified. The use of level 3 cookies is subject to the prior consent of the user which can only be given through their express acceptance.
You can also delete them in your browser settings whenever you wish.
If you are using the private browsing mode on your browser, cookies will be automatically deleted when you exit the browser (this depends on your browser).
If you delete, alter or disable cookies, you may not be able to see the website correctly.
The following links will provide more information about how to administer cookies in commonly-used browsers, including how to delete or accept them either fully or partially.
Pursuant to Article 5 of Organic Law 15/1999, of 13 December, on Protection of Personal Data (hereinafter PPD), you are hereby expressly, explicitly and unequivocally informed that the information obtained through the installation of cookies on your computer will be used to ensure quality, security and ongoing improvement of the services offered, as well as for the analysis of our website through Google analytics.
If you do not expressly accept or decline the installation of cookies, but continue to use the website or application, your consent will be implied. You will be expressly informed about your option to block or delete cookies installed on your computer through the settings options found in your browser.
At any rate, all information collected by this type of cookie will be anonymous and therefore no connection of any kind can be made between browsing patterns and real persons.