Basic guidance on the use of cookies

1. Preliminary points

Bearing in mind the constant changes in this field, we make the following recommendations in order to comply with the most recent guidelines and opinions from the competent authorities, in particular A Guide on the Use of Cookies (You can consult the AEPD’s Guide on the Use of Cookies at https://www.aepd.es/sites/default/files/2020-07/guia-cookies.pdf  (last accessed on 17/09/2020)) published by the Spanish Data Protection Agency (AEPD).

All the guidance and recommendations included in this document revolve around two main issues: the data subject’s right to information and the need to obtain consent prior to the collection of information. This is because the digital footprint left by a user when browsing a website belongs to the user, and not the website; therefore, the user must be appropriately informed about the collection and use of this information.

 

1.1. Right to information

Users have the right to know what data is going to be collected, who will process it and how it will be used. The Spanish Data Protection Agency (AEPD) has set out guidelines indicating when users should be informed and the minimum information that should be offered in relation to information gathered via cookies or similar devices.

 

1.2. Consent

When the data gathered is not the minimum data required for the website to work, the user must provide their consent. Article 22.2 of the Law on Information Society Services (Law 34/2002 on Information Society Services and E-Commerce) establishes that cookies may only be installed without prior consent when their information makes it possible to transfer a communication via an electronic communications network or, insofar as is strictly necessary, to provide an information society service that has been expressly requested by the user. The GT29 in ruling 4/2012 established that consent would not be necessary for “user access” cookies; user identification or authentication cookies (session cookies only); user security cookies; multimedia player session cookies; load balancing session cookies; and user interface personalisation cookies.

Consent must be obtained by means of an affirmative action by the user; the company is required to demonstrate that consent has been gathered correctly, therefore, saving the records generated is recommended. Forms that imply tacit consent as the user continues to browse will not be considered valid under any circumstances.

In Guidelines 05/2020 on consent under Regulation 2016/679, the European Data Protection Board declared that, in order for consent to be freely given, access to services and functionalities must not be made conditional on the consent of a user to the storing of information, or gaining of access to information already stored, in the terminal equipment of a user (so called “cookie walls”).

With this in mind, whenever consent is necessary, we recommend the use of a double-layer system that makes it possible to correctly obtain informed consent: a first layer consisting of a notice, banner, pop-up or similar that indicates cookies are being used and that contains a link to the second layer in the settings panel and the cookies policy.

Bear in mind that the website cannot install cookies without the user’s consent; this means that the website must be technically capable of blocking the installation of cookies before users provide their consent.

 

1.3. Current state of BLUEPHAGE cookies

At BLUEPHAGE S.L. (also referred to as Bluephage), we have been informed that the cookies used on the website containing its platform and on its app are preferential cookies.

Specifically, the following cookies are used on the web platform:

lang
Detects the preferred language of the browser and configures the language on the website, if possible
BP.userProfile
Stores the user data needed for the platform to work (all user data).
BP.config
Stores the static settings of the platform, such as the configuration of colours, translations, sample parameters, etc.
BP.refreshToken
Token to refresh the main page and maintain the session started on the platform
BP.token
Authentication token to perform tasks on the platform

The cookies used for the app are as follows:

lang
Stores the language selected by the user, for it to be stored in the user settings in the database
file_manager
Allows the storage of different data on the phone. Ranging from user credentials to app data

2. First layer: banner on the homepage

BLUEPHAGE does not have any cookies on the web platform or the app that require that consent is provided. Therefore, all cookies indicated can be installed as soon as the user accesses the platform or app.   This means that the platform does not need to feature an informative banner on the homepage or in the app requiring consent; to comply with the data protection regulations, it will be sufficient for the cookies policy to be available for consultation throughout the browsing experience.

 

3. Cookies policy

Pursuant to the data protection and privacy regulations, including the recommendations of most data protection authorities, all cookies policies must provide information about at least the following aspects:

    • A general explanation stating what a cookie is and how it works.
    • The types of cookies used on the website.
    • Explain the purposes of the cookies installed in clearly understandable language.
    • Indicate who is responsible for the cookies.
    • Indicate the expiry period of the cookies.
    • State whether profiles are created or international data transfers are carried out.
    • Indicate how the user can accept, reject or delete cookies.
    • Indicate how the user can exercise their data protection rights.

3.1.  web platform’s cookies policy

Below, you will find the cookies policy proposed for the BLUEPHAGE S.L. web platform

Cookies policy

BLUEPHAGE S.L. uses different cookies as part of the browsing experience on its platform. To find out all the details concerning our cookies policy, consult the sections below:

 

1. What is a cookie?

Cookies are text files that contain small amounts of information that are downloaded and installed on your computer or mobile device when you visit a website. Cookies are resent to the original website on each subsequent visit, or to another website that recognises them.

2. What types of cookies exist?

Depending on their purpose, cookies may be:

  • Technical cookies: Cookies that allow a user to browse a website, platform or application and use the different options and services available, including those that the editor uses to manage and operate on the website and enable its services and functions, such as: controlling traffic and communicating data; identifying the session; accessing restricted sections; remembering the elements that form part of an order; complete the purchase process for an order; handle payment; control fraud associated with the security of the service; request the registration for or participation in an event; count visits for the purpose of billing software licences required for the service to work; employ security elements during the browsing experience; store content for the dissemination of videos or sound; enable dynamic content (for example, loading animation for text or images); or share content via social media.
  • Personalisation or preferential cookies: Cookies that make it possible to remember information so that the user can access the service using certain features that make their experience different to the experience of other users, such as: language, number of results to be shown when the user performs a search, the aspect or content of a service depending on the browser type used to access the service, settings of the region from which the user is accessing the service, etc.
  • Analysis or measurement cookies: Cookies that allow the controller to monitor and analyse the behaviour of the users of the website to which they are associated, including the impact of advertisements. The information gathered using this type of cookies is used to measure website, app or platform activity in order to make improvements following the analysis of the way in which the users use the service.
  • Behavioural advertising cookies: These cookies store information on the behaviour of users obtained by constantly monitoring their browsing habits, making it possible to develop a specific profile to display advertising according to their habits.

3. What cookies do we use?

We have detailed below how this web platform uses cookies in order to provide you with the most transparent information possible.
lang
Type
PREFERENTIAL
Purpose
Detects the preferred language of the browser and configures the language on the website, if possible
Controller
BLUEPHAGE
Storage
Persistent
BP.userProfile
Type
TECHNICAL
Purpose
Stores the user data needed for the platform to work (all user data).
Controller
BLUEPHAGE
Storage
Persistent
BP.config
Type
TECHNICAL
Purpose
Stores the static settings of the platform, such as the configuration of colours, translations, sample parameters, etc.
Controller
BLUEPHAGE
Storage
Persistent
BP.refreshToken
Type
TECHNICAL
Purpose
Token to refresh the main page and maintain the session started on the platform
Controller
BLUEPHAGE
Storage
Session
BP.token
Type
TECHNICAL
Purpose
Authentication token to perform tasks on the platform
Controller
BLUEPHAGE
Storage
Session

4. How can I uninstall the cookies?

The user can freely choose to store our cookies on their hard drive or not, and to delete them, by following the procedure established in their browser’s help section. The user can also configure their browser to accept or reject all cookies by default or to show a notice on the screen when each cookie is received to decide whether to save it on their hard drive or not. Below we have provided links to the device and browser manufacturers to manage or disable cookies on most browsers:

Google provides users with a tool that allows them to configure the information sent from the main browsers to Google Analytics. This tool can be downloaded from the following link https://tools.google.com/dlpage/gaoptouthttps://tools.google.com/dlpage/gaoptout

If the user configures their browser to reject all cookies or specifically our cookies, this may mean that it is not possible for them to access certain services and their experience on our website may be less satisfactory. If you would like to have more control over the installation of cookies, you can install programs or add-ons on your browser, known as “Do Not Track” tools, which allow you to choose the cookies you want to accept.

5. How can you exercise your rights?

If you would like to know how to exercise your rights to access your personal data, request the rectification of inaccurate data, request the erasure of your data, restrict the processing, object to the processing, request the portability of the data and not to be subject to a decision based solely on automated decisions, you can visit our Privacy Policy.

BLUEPHAGE S.L. reserves the right to change this Cookies Policy to adapt it to future legislation and/or applicable case law, in addition to the future uses of the personal data of the web platform user. Users will be informed in advance about any changes to this policy. Therefore, we recommend that the user reads the Cookies Policy each time they access the platform.

If you have any queries about this cookies policy, do not hesitate to get in contact via email at info@bluephage.com

3.2. The app’s cookies policy

Below, you will find the cookies policy proposed for the BLUEPHAGE S.L. app

Cookies policy

BLUEPHAGE S.L. uses different cookies as part of the browsing experience on its platform. To find out all the details concerning our cookies policy, consult the sections below:

 

1. What is a cookie?

Cookies are text files that contain small amounts of information that are downloaded and installed on your computer or mobile device when you visit a website. Cookies are resent to the original website on each subsequent visit, or to another website that recognises them.

2. What types of cookies exist?

Depending on their purpose, cookies may be:

 

  • Technical cookies: Cookies that allow a user to browse a website, platform or application and use the different options and services available, including those that the editor uses to manage and operate on the website and enable its services and functions, such as: controlling traffic and communicating data; identifying the session; accessing restricted sections; remembering the elements that form part of an order; complete the purchase process for an order; handle payment; control fraud associated with the security of the service; request the registration for or participation in an event; count visits for the purpose of billing software licences required for the service to work; employ security elements during the browsing experience; store content for the dissemination of videos or sound; enable dynamic content (for example, loading animation for text or images); or share content via social media.
  • Personalisation or preferential cookies: Cookies that make it possible to remember information so that the user can access the service using certain features that make their experience different to the experience of other users, such as: language, number of results to be shown when the user performs a search, the aspect or content of a service depending on the browser type used to access the service, settings of the region from which the user is accessing the service, etc.
  • Analysis or measurement cookies: Cookies that allow the controller to monitor and analyse the behaviour of the users of the website to which they are associated, including the impact of advertisements. The information gathered using this type of cookies is used to measure website, app or platform activity in order to make improvements following the analysis of the way in which the users use the service.
  • Behavioural advertising cookies: These cookies store information on the behaviour of users obtained by constantly monitoring their browsing habits, making it possible to develop a specific profile to display advertising according to their habits.

3. What cookies do we use?

We have detailed below how this app uses cookies in order to provide you with the most transparent information possible.

lang
Type
PREFERENTIAL
Purpose
Stores the language selected by the user, for it to be stored in the user settings in the database
Controller
BLUEPHAGE
Storage
Session
file_manager
Type
TECHNICAL
Purpose
Allows the storage of different data on the phone. Ranging from user credentials to app data
Controller
Android/IOS
Storage
Persistent

4. How can I uninstall the cookies?

The user can freely choose to store our cookies on their hard drive or not, and to delete them, by following the procedure established in their browser’s help section. The user can also configure their browser to accept or reject all cookies by default or to show a notice on the screen when each cookie is received to decide whether to save it on their hard drive or not. Below we have provided links to the device and browser manufacturers to manage or disable cookies on most browsers:

Google provides users with a tool that allows them to configure the information sent from the main browsers to Google Analytics. This tool can be downloaded from the following link https://tools.google.com/dlpage/gaoptouthttps://tools.google.com/dlpage/gaoptout

If the user configures their browser to reject all cookies or specifically our cookies, this may mean that it is not possible for them to access certain services and their experience on our website may be less satisfactory. If you would like to have more control over the installation of cookies, you can install programs or add-ons on your browser, known as “Do Not Track” tools, which allow you to choose the cookies you want to accept.

5. How can you exercise your rights?

If you would like to know how to exercise your rights to access your personal data, request the rectification of inaccurate data, request the erasure of your data, restrict the processing, object to the processing, request the portability of the data and not to be subject to a decision based solely on automated decisions, you can visit our Privacy Policy.

BLUEPHAGE S.L. reserves the right to change this Cookies Policy to adapt it to future legislation and/or applicable case law, in addition to the future uses of the personal data of the app user. Users will be informed in advance about any changes to this policy. Therefore, we recommend that the user reads the Cookies Policy each time they access the app.

If you have any queries about this cookies policy, do not hesitate to get in contact via email at info@bluephage.com

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