1. APPLICABLE REGULATIONS
The second section of Article 22 of Law 34/2002, of July 11, on Information Society Services and Electronic Commerce (hereinafter, LSSI-CE) establishes the following:
Service providers may use data storage and retrieval devices on recipients’ terminal equipment, provided that they have given their consent after being provided with clear and complete information on their use, particularly regarding the purposes of data processing, in accordance with the provisions of Organic Law 15/1999, of December 13, on the Protection of Personal Data.
Where technically possible and effective, the recipient’s consent to accept data processing may be provided through appropriate browser settings or other applications, provided that the recipient must configure them during installation or update through an explicit action for this purpose.
The foregoing shall not prevent possible technical storage or access for the sole purpose of transmitting a communication over an electronic communications network or, to the extent strictly necessary, for the provision of an information society service 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 applies to any type of file or device downloaded onto a user’s terminal equipment with the purpose of storing data that may be updated and retrieved by the entity responsible for its installation. The cookie is one such widely used device, and therefore, we will generically refer to these devices as cookies.
The following cookies are exempt from compliance with the obligations established in Article 22.2 of the LSSI-CE:
2. TYPES OF COOKIES ACCORDING TO THEIR PURPOSE
A cookie is a file that is downloaded onto your computer when you access certain web pages. Cookies allow a website, among other things, to store and retrieve information about a user’s or their device’s browsing habits. Depending on the information they contain and how the user’s device is utilized, they may be used to recognize the user.
According to the “Guide on the Use of Cookies” by the AEPD, depending on the purpose of the data obtained through cookies, we can distinguish between:
3. TYPES OF COOKIES WE USE
4. PRINCIPLE OF INFORMATION
In compliance with Article 5 of Organic Law 15/1999, of December 13, on the Protection of Personal Data (hereinafter, LOPD), we expressly, precisely, and unequivocally inform you that the information obtained through cookies installed on your computer will be used for the following purposes: ………………………………………….
The recipients of the information obtained through cookies installed on your computer will be:
5. PRINCIPLE OF CONSENT
Consent for cookie installation will be understood as given by marking the acceptance checkbox for the “Cookie Policy” available on our website.
If the user does not expressly state whether they accept cookie installation but continues to use the website or application, it will be understood that they have given consent. Our entity expressly informs users of the possibility of blocking or deleting installed cookies through browser settings.
6. OPTIONAL NATURE OF COOKIE INSTALLATION
While the acceptance of cookie installation on your computer is optional, refusal may limit or prevent the website’s functionality, making it impossible for our entity to provide services through it.
7. COOKIE DEACTIVATION
Users can change cookie settings, block, or disable them at any time. We provide instructions for the main browsers:
Third-party cookies, such as Google AdWords: http://www.google.com/intl/en/policies/technologies/cookies/
PASSION CAFÉ IBIZA SL is not responsible for the content or accuracy of third-party cookie policies.
8. PRINCIPLE OF DATA SECURITY
PASSION CAFÉ IBIZA SL is committed to fulfilling its obligation to maintain the confidentiality of personal data and its duty to store it securely. It will adopt all necessary technical and organizational measures to ensure personal data security, preventing alteration, loss, processing, or unauthorized access, taking into account the state of technology, the nature of stored data, and the risks to which they are exposed, whether from human action or the physical or natural environment, as outlined in Title VIII of Royal Decree 1720/2007, of December 21, which approves the Regulation for the development of Organic Law 15/1999, of December 13, on the Protection of Personal Data.
9. EXERCISING RIGHTS
In compliance with the LOPD and Royal Decree 1720/2007, of December 21, approving its development regulation, service recipients may exercise their rights of access, rectification, cancellation, and opposition at any time before the data controller, providing a copy of their ID.
10. DATA CONTROLLER
The data controller is PASSION CAFÉ IBIZA SL, with notification address at PASEO JUAN CARLOS I, 23, 07800 – IBIZA (Balears (Illes)).