Through this document (hereinafter, “Privacy and Cookies Policy”), the privacy and cookies policy of the Internet portal https://www.vivitaaloe.com/ (hereinafter, the “Portal”) is regulated under the ownership of VIVITA ALOE INTERNATIONAL COMPANY S.L. (hereinafter, VIVITA ALOE), with Tax Identification Number (CIF) B38645883, registered with the Companies Registry of Santa Cruz de Tenerife, Volume 2208, Book 0, Folio 80, Page TF-26647, 4th Entry, and with registered office in Camino Bananera 16, 38627 Arona, Santa Cruz de Tenerife, which makes this information available to the user(s) of the Portal (hereinafter, “the user” or “the users”). The email address is email@example.com
This Privacy and Cookies Policy will be translated into several languages in the development of the activity of VIVITA ALOE and its corporate quality policy, services and customer support. Notwithstanding the foregoing, in the event of any dispute regarding the interpretation or implementation of the conditions contained in this policy, the parties agree that the Spanish version of the Privacy and Cookies Policy shall prevail over any other language version for all legal purposes.
1. DUTY OF INFORMATION.
In this regard, the users of the Portal are informed that VIVITA ALOE holds personal data files, properly registered with the Spanish Agency for the Protection of Personal Data (AEPD): www.agpd.es, regarding users who, freely and voluntarily, want to provide them in order to allow an effective access to contents of the Portal, hire products or services or develop the requested actions that are made available to them through this Portal.
If you are a minor, you require the prior consent of your legal representatives, whether your parents or guardians, before including your personal data in the data forms of the Portal, and therefore, have legitimate access to the services, products and contents arranged through this Portal.
Finally, the user, person or entity who legally represents him/her may exercise at any time his/her right of access, rectification, cancellation and, where appropriate, opposition, in accordance with the provisions of LOPD and RLOPD.
2. CONSENT OF THE INTERESTED PARTY.
When the interested party registers with the Portal and freely, unambiguously and specifically sends his/her personal data through it, with prior acceptance of this privacy and cookies policy by the electronic forms provided in the Portal or, where appropriate, by electronic mails or any other electronic communication sent to VIVITA ALOE, this involves, unless expressly stated otherwise, the express consent of the sender (or his/her legal representative) for processing or handling the data included in the above communication forms, according to the processing purposes indicated through the Portal.
VIVITA ALOE may prevent the inclusion and/or provision of the particulars of the person concerned when he/she has not previously accepted, or has not done so legitimately, the specific conditions of processing of personal data contained in the terms and conditions and legal notices governing this Portal.
VIVITA ALOE has adopted and applies the security standards legally required by the Spanish legislation regarding personal data under its responsibility, in accordance with the appropriate security standards, and tries to install and/or apply additional technical or organizational protection measures to strengthen the general security of files containing personal data, systems, communications and corporate organization. However, the user should be aware that security measures in Internet are not impregnable in any way. For these purposes, security measures and other obligations associated with the new European General Data Protection Regulation (hereinafter, GDPR) shall be specially considered.
4. DUTY OF SECRECY AND CONFIDENTIALITY.
VIVITA ALOE undertakes to fulfil the duty of secrecy and confidentiality regarding the personal data contained in the personal data files under its responsibility, in accordance with the Spanish legislation that apply at all times.
5. COOKIES POLICY.
5.1. Applicable regulations.
Article 22 of Law 34/2002, of July 31, on the information society services and electronic commerce (LSSICE), concerning the rights of recipients in business communications by electronic means, provides that service providers may only use data storage and retrieval devices in recipients’ terminal equipments when they have given their prior informed consent.
For that purpose, these recipients and end-users should be provided with clear and complete information on their use, particularly, on the purposes of data processing, in accordance with the provisions of Organic Law 15/1999, of December 13, on the protection of personal data. When it is technically possible and effective, the consent of the recipient to accept data processing may be provided by using the appropriate settings of the browser or other applications.
This shall not prevent any technical storage or access for the sole purpose of carrying out the transmission of a communication by an electronic communications network or, to the extent strictly necessary, for the provision of an information society service expressly requested by the recipient.
In any case, the legal regime applicable in Spain establishes an opt-in system and a no opt-out system. This is also stated in the AEPD Legal Report 11/2014 when it says: “(…) Thus, the answer must be clearly negative for the (…) system, called opt-out, and positive for the (…) opt-in. Following Directive 2009/136/EC and Royal Decree-Law 13/2012 an opt-out system cannot be construed as feasible. For this reason, consent by exercising the right of exclusion cannot be given, that is, through systems in which the user must enter a web page and indicate that he/she rejects the possibility of tracing by the provider … “ .
5.2. User consent and cookies: general rule and exception.
The only exceptions will be those cookies that exclusively allow communication between the user’s equipment and the network and, strictly, those used to provide a service requested by the user. For example, the so-called “technical cookies” (e.g. those necessary by the platform or application for the same navigation); the “customization or configuration cookies” (e.g. allowing the page to recognize the user’s language, etc.) and the “security cookies” (e.g. detecting repeated and failed attempts to connect to a site) would be excluded.
5.3. Integrated legal policies.
In light of the above, the cookies policy is complemented and integrated with the current legal and privacy terms, conditions and notices of the Portal accessible from this web address.
5.4. Are cookies used on this Portal? What are they?
In this Portal cookies are used and served, that is, files or devices downloaded to the user’s terminal equipment (a personal computer, a smartphone, a tablet, etc.), regardless of their nature and with the purpose of storing data, that may be updated and retrieved by the entity responsible for its installation.
Cookies allow navigation through the Portal, as well as certain uses and services thereof, so that we warn you that disabling or blocking them may affect the use thereof as well as the aforementioned uses and services arranged through them.
5.5. What cookies do we use at https://www.vivitaaloe.com/?
Cookies may be ours or from third parties. Our own cookies are those sent to the user’s terminal from https://www.vivitaaloe.com/ (editor), being managed by him/her, while third-party cookies are those sent to the user’s terminal from other domains or equipments not managed by https://www.vivitaaloe.com/ (editor), but by other entity that manages the data obtained through cookies.
Likewise, the previous cookies may be temporary or permanent. The first ones are a type of cookies designed to collect and store data while the user accesses the Portal with the main purpose of storing information for the provision of the service requested by the user on a single occasion. However, with the second ones data are still stored on the user’s terminal and they may be accessed and managed during a period defined by the person responsible for the cookie.
Cookies may also be technical by allowing the user to navigate through the Portal and use the different options or services provided through it, for example, monitor traffic and data communication, identify the session, access restricted areas, remember the elements of a contractual request, use security features during navigation, store contents to broadcast videos or sound or share contents through social networks.
Cookies may also be customized, that is, those cookies allowing the user to access the service with some predefined features based on certain criteria associated with his/her own terminal, for example, the type of browser through which he/she accesses the service, the local configuration from which he/she accesses the service, etc.
Our cookies can be analytical, that is, those cookies allowing the person responsible therefor to monitor and analyze the behaviour of the users of websites to which they are linked. The information gathered through this type of cookies is used to measure the activity of the Portal and to create navigation profiles of users in order to make improvements based on the analysis of the use of data by the service users.
Here we show you an INFORMATIVE SUMMARY TABLE of the specific cookies we use at https://www.vivitaaloe.com/:
|_ga||Third party||2 years||It is used to distinguish users|
|_gat||Third party||10 minutes||It is used to limit the percentage of requests.|
The information gathered through cookies that are served through the Portal may be used both by the owner thereof or by a third party who provides a service to the said owner.
5.7. Management and configuration of cookies.
From the information provided in this policy, we offer you information on how you can manage the cookies used in the Portal through the different options offered by the most common browsers:
5.7.1. Visualization and management of cookies.
All browsers offers users the possibility of searching, viewing and managing cookies installed on a particular website and obtain information regarding the duration thereof and how to remove/block them, as indicated in the following section. Then a series of information links regarding the most popular browsers is shown:
5.7.2. Blocking and deletion of cookies.
If the user wants to disable, restrict, block or delete cookies, he/she shall modify the browser settings he/she uses in his/her terminal. Different browsers offer various configuration options regarding the installation of cookies, for example:
- That the browser rejects all cookies and, therefore, no cookie from any website is installed in your terminal.
- That the browser warns you before the installation of the cookie takes place so that you decide whether or not to accept the installation thereof.
- That the browser only rejects third-party cookies from websites you visit but not those in use by the website you surf.
For the aforementioned purposes, the following information links regarding the main browsers can be visited:
Configuration > Show advanced options > Privacy (Content Settings) > Cookies
Options > Privacy > Cookies
Internet options > Tools > Security > Delete browsing history
> Cookies > Delete
Preferences > Privacy
5.8. Update of our Cookies Policy.
VIVITA ALOE reserves the right to modify this Cookies Policy at any time in order to adapt it to future legislative, doctrinal or case-law developments that may be applicable or recommended, previously and reasonably informing users where possible. In any case, we recommend you that each time you access the Portal, you carefully read this privacy and cookies policy. If there is any query or dispute regarding our privacy and cookies policy, users can contact us through the email address firstname.lastname@example.org
5.9. More information of interest.
For more information, we recommend you to read the following additional documentation:
- Ruling 4/2012 of the Data Protection Group, Article 29, on the exemption from the requirement of cookie consent (adopted in June 7, 2012).
- IAB Spain Infographics on how to comply with the Spanish cookies regulation.
6. SPAMMING TECHNIQUES.
Finally, VIVITA ALOE does not use “spamming” techniques and will only process the data that the user transmits according to the terms and conditions consented by the users themselves, through the forms or electronic mechanisms enabled in the Portal, in electronic messages, or in any other electronic or telematic communications.