1. APPLICABLE REGULATIONS

 

The second paragraph of article 22 of Law 34/2002, of the 11 of July, on Information Society Services and Electronic Commerce (hereinafter, LSSI-CE), establishes the following:

 

  1. Service providers may use data storage and retrieval devices on recipients’ terminal equipment, provided that the recipients have given their consent after having been provided with clear and complete information on their use, in particular, for the purposes of data processing, in accordance with the provisions of Organic Law 15/1999, of 13th of December, on the Protection of Personal Data.

 

Where technically possible and effective, the consent of the recipient to accept the processing of the data may be provided through the use of the appropriate parameters of the browser or other applications, provided that the recipient makes their configuration during their installation or update by means of an express action to that effect.

 

The above shall not prevent the possible storage or access of a technical nature for the sole purpose of carrying out the transmission of electronic communication network or, to the extent that is strictly necessary, for the provision of the service of the society of information expressly requested by the recipient.

 

According to the “Guide on the use of cookies”, published by the Spanish Data Protection Agency (hereinafter, AEPD) in 2013, the LSSI-CE is applicable to any type of file or device that is downloaded to a user’s terminal equipment for the purpose of storing data that can be updated and retrieved by the entity responsible for its installation. The cookie is one of those devices in widespread use, so hereinafter we will refer to these devices generically 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:

 

  • To only allow communication between the user’s equipment and the network.
  • Strictly to provide a service expressly requested by the user.

 

  1. TYPES OF COOKIES ACCORDING TO THEIR PURPOSE

 

A cookie is a file that is downloaded to your computer when you access certain websites. Cookies allow a website, 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 in which they use their equipment, they can be used to recognise the user.

As stated in the AEPD’s “Guide on the use of cookies”, we can distinguish between the following points depending on the purpose for which the data obtained through cookies are processed:

 

  • Technical cookies: These cookies allow the user to browse a website, platform or application and use the different options or services that exist on it, such as, for example, controlling traffic and data communication, identifying the session, accessing restricted access areas, remembering the elements that make up an order, carrying out the purchase processing orders, making the application for registration or participation in an event, using security elements during browsing, storing content for the broadcast of videos or sound or sharing content through social networks.

 

  • Personalisation cookies: These cookies allow the user to access the service with some predefined general characteristics depending on a series of criteria in the user’s terminal, such as the language, the type of browser used to access the service, the regional configuration from which the service is accessed, etc.

 

  • Analysis cookies: These cookies allow the responsible party to monitor and analyse the behaviour of the users of the websites to which they are linked. The information collected through this type of cookies is used to measure the activity of the websites, application or platform and for the elaboration of the users browsing profiles of these sites, applications and platforms, in order to introduce improvements based on the analysis of the usage data of the users of the service.

 

  • Advertising Cookies: are those that allow the management of the advertising spaces in the most effective way possible, where appropriate, the publisher has included criteria such as the edited content or the frequency at which the advertisements are show on a website, application or platform from which it provides the requested service.

 

  • Behavioural advertising cookies: These cookies allow the management of the advertising spaces in the most effective way possible, where appropriate, the editor has included on the website, application or platform from which the requested service is provided. These cookies store information on user behaviour obtained through the continuous observation of their browsing habits, which allows a specific profile to be developed in order to display advertising based on the same.

 

  1. PRINCIPLE OF INFORMATION

 

In compliance with the provisions of article 5 of Organic Law 15/1999, of 13 December, on the Protection of Personal Data (hereinafter, LOPD), we inform you expressly, precisely and unequivocally that the information obtained through the cookies installed on your computer will be used for the following purposes:

 

Commercial purposes

 

The recipients of the information obtained through the cookies installed on your computer will be the following entities:

 

  • The editor responsible for the website and responsible for the data processing: EXAFAN, S.A.U.

 

  • Where appropriate, the entities directly related to the editor responsible for the website that are expressly listed below:

 

In particular, this website uses Google Analytics, a web analytics service provided by Google, Inc. domiciled in the United States with headquarters at 1600 Amphitheatre Parkway, Mountain View, California 94043.  In order to provide these services, they use cookies to collect information, including the user’s IP address, which will be transmitted to, processed and stored by Google on the terms set out on the Google.com website. Including the possible transmission of such information to third parties for reasons of legal requirement or where such third parties process the information on Google’s behalf.

 

  1. PRINCIPLE OF CONSENT

 

Consent to the installation of cookies is understood to have been given by ticking the box relating to the acceptance of the “Cookies Policy” provided for this purpose on our website.

 

In cases where the user does not expressly state whether or not he/she accepts the installation of cookies, but continues to use the website or the application, it will be understood that he/she has given his/her consent, and our company expressly informs him/her of the possibility of blocking or deleting the cookies installed on his/her computer by configuring the options of the browser installed on his/her computer.

 

  1. OPTIONAL NATURE OF THE INSTALLATION OF COOKIES

 

Although acceptance of the installation of cookies on your computer is optional for you, refusal to install them may mean that the functionality of the website is limited or not possible, which would make it impossible for our company to provide services through it.

 

  1. DEACTIVATION OF COOKIES

 

The user may at any time change the configuration of cookies, block them or deactivate them. To do so, we provide you with the method in the main browsers.

CHROME

 

EXPLORER

 

FIREFOX

 

SAFARI

 

As well as third party Google AdWords cookies.

 

EXAFAN, S.A.U. is not responsible for the content and accuracy of the cookie policies of third parties.

 

  1. DATA SECURITY PRINCIPLE

 

EXAFAN, S.A.U. undertakes to comply with its obligation of secrecy with regard to personal data and its duty to store them and will adopt all the necessary technical and organisational measures to guarantee the security of personal data and prevent their alteration, loss, unauthorised processing or access, taking into account the state of technology, the nature of the data stored and the risks to which they are exposed, whether from human action or from the physical or natural environment, as developed in Title VIII of Royal Decree 1720/2007, of 21 December, which approves the Regulations for the development of Organic Law 15/1999, of 13 December, on the Protection of Personal Data.

 

  1. EXERCISE OF RIGHTS

 

In compliance with the provisions of the LOPD and Royal Decree 1720/2007, of 21 December, which approves the Regulations for the development of the same, the recipient of the service may exercise, at any time, their rights of access, rectification, cancellation and opposition before the person responsible for the file or processing, attaching a photocopy of their ID card.

 

  1. PERSON RESPONSIBLE FOR THE FILE OR PROCESSING

The person responsible for the file or processing is EXAFAN, S.A.U., with address for notification purposes at Polígono Industrial Río Gállego – Calle D, nº 10 – 50.840 San Mateo de Gállego (Zaragoza) – SPAIN.