EXPLANATORY NOTE REGARDING THIS DOCUMENT
Regulation 6(1) of the Privacy and Electronic Communications (EC Directive) Regulations 2003 (SI 2003/2426) (2003 Regulations) as amended by the Privacy and Electronic Communications (EC Directive) (Amendment) Regulations 2011 (SI 2011/1208) (2011 Regulations) requires website operators and other online providers that set cookies on their users’ equipment to provide internet users with clear and comprehensive information about the purposes for which the cookie is stored and accessed.
Cookies are small data files that most website operators place on the browser or hard drive of their user’s computer. Cookies may gather information about the user’s use of the website or enable the website to recognise the user as an existing customer when he returns to the website at a later date. More recently, cookies have also been used to collect information about the user which allows the website operator or a third party to create a profile of the user, his preferences and his interests for the purpose of serving the user with targeted, interest-based advertising.
Most browsers automatically accept cookies by default, but users can change those settings to block some or all cookies.
Recital 30 of the GDPR provides:
Natural persons may be associated with online identifiers provided by their devices, applications, tools and protocols, such as internet protocol addresses, cookie identifiers or other identifiers such as radio frequency identification tags. This may leave traces which, in particular when combined with unique identifiers and other information received by the servers, may be used to create profiles of the natural persons and identify them.
Consent and cookies
The current e Privacy Directive and proposed e Privacy Regulation require consent unless using cookies is
(i) necessary for the sole purpose of carrying out communication; or
(ii) is strictly necessary and proportionate for the legitimate purposes of enabling the use of a specific service requested by the end-user.
Performance and Advertising Cookies may not fall within this exemption and thus consent may be required for their use. This may pose logistical problems. There is a discussion on this under the e Privacy Regulation. website users should take affirmative action in relation to cookies which amounts to consent.
Therefore first-party cookies (which are planted by the website that a user visits) and first-party analytics should not require consent, provided that they are necessary for the functioning of a website. There is also a derogation which means that consent is not necessary for first-party cookies that are used to measure web audiences.
The draft regulation allows consent for third-party cookies (which are planted by parties other than the owner of the website a user visits) to be provided through browser settings, thereby mandating significant changes for providers of browsers. They should require a clear affirmative action from the end user of terminal equipment to signify his freely-given, specific, informed and unambiguous agreement to the storage and access of third-party tracking cookies in and from the terminal equipment.
Under the draft regulation, all developers of software that permits electronic communications must offer the option of preventing third-party cookies. They must inform the end user during the initial set up about the privacy settings options and require the end user to consent to a setting before the end user can continue with the installation.
To obtain consent, the following banner should be posted to Vistatec’s landing page: “To agree to use of our cookies click accept”
What are cookies and why do we use them
A cookie is a small file of letters and numbers that we store on your browser or the hard drive of your computer if you agree. Cookies contain information that is transferred to your computer’s hard drive.
You block cookies by activating the setting on your browser that allows you to refuse the setting of all or some cookies. However, if you use your browser settings to block all cookies (including essential cookies) you may not be able to access all or parts of our website.
Types of Cookies
There are four types of cookies used on the Vistatec’s website:
1. Strictly Necessary Cookies
These cookies are essential in order to enable you to move around Vistatec’s website and use its features. These cookies are deleted when you close your browser. They include, for example, cookies that enable you to log into secure areas of our website.
2. Performance or Analytical Cookies
These cookies collect information about how users use Vistatec’s website. For example, Vistatec uses Google Analytics to track anonymized usage statistics for the site. This data is used to analyse how frequently people visit the site, how the website is found, and which pages are most frequently viewed.
These cookies do not collect information that identifies a website user. This information is combined with data from thousands of other users to create an overall view of website use, and is never identified individually or personally. These cookies are only used to identify ways to improve the website. To opt out of being tracked by Google Analytics across all websites please visit: http://tools.google.com/dlpage/gaoptout.
For more information about Google Analytics, and the cookies it sets, please visit: https://developers.google.com/analytics/resources/concepts/gaConceptsCookies
3. Functionality Cookies
These cookies allow us to recognise you and remember choices you make (such as choice of language or mobile device preferences) when you return to our website.
4. Advertising or Targeting Cookies
You can opt out of one or all third party Online Behavioural Advertising (OBA) cookies on the web browser you are currently using with an “opt-out cookie” by visiting http://www.youronlinechoices.com/ie/your-ad-choices.
Most browsers automatically accept cookies. You have the ability to accept or decline cookies or request that you be warned when a website is trying to install a cookie. This can be done by modifying the settings in your browser. Please note that disabling cookies may affect the functionality of some parts of this website.
For more information about managing cookies and how to stop cookies being installed visit http://www.allaboutcookies.org/manage-cookies/
Contact information If you have any queries in relation to this policy, please contact us at [email protected]