In application of the European directive known as the “Telecoms Package”, you must be informed and give your consent prior to having cookies or trackers stored on your device.
As such, you may choose not to be tracked when you visit a website or use an application.
Your consent to store cookies and trackers is valid for a maximum of 13 months.
It also states that, in accordance with the applicable regulations, certain trackers are not required to obtain this consent.
A summary of the applicable rules is provided below, so you can be fully informed and give your free and informed consent.
What is a cookie or tracker?
The previously mentioned regulation concerns the trackers that are stored and read, for example, when browsing a website, reading an email, installing or using a software or a mobile application, whatever the type of terminal used, such as a computer, a smartphone, a digital reader and a video game console connected to the internet. As such, the term “cookie” includes:
“Flash” cookies, the result of fingerprinting (calculation of a unique identifier of the machine based on elements of its configuration for tracking purposes), invisible pixels or “web bugs”, any other identifier generated by a software program or an operating system, for example.
This is the case whether or not the cookie gathers personal data.
Cookies can be used for many purposes. Regardless of the type of cookie, only the sender of the cookie can read or modify the data it contains.
What is the legal framework?
With the adoption of Directive 2009/136/EC, the European parliament amended the previous legal framework (Article 5(3) of Directive 2002/58/EC) and formally established the principle of requiring the user’s prior consent before storing information on a user’s device or accessing data that is already stored.
The only exceptions to this principle are if these actions are strictly necessary for the delivery of a service that is expressly requested by the subscriber or user.
Directive 2009/136/EC was transcribed into French law by Order No. 2011-1012 of 24 August 2011, which amended Article 32-II of the “Loi Informatique et Liberté” of 6 January 1978.
Which cookies require prior information and consent?
As a matter of principle, cookies that require prior information and consent may include, but are not limited to:
cookies related to targeted advertising;
some traffic measurement cookies (see exceptions below);
social media cookies generated in particular by sharing buttons when they collect personal data without your consent.
The law exempts certain trackers from the requirement to obtain your consent.
This is the case of cookies from traffic measurement solutions (analytics)
To be exempt from the consent requirement, traffic measurement cookies must meet the following conditions:
the tracker that is stored must only be used to produce anonymous statistics and must not allow browsing to be tracked across different websites. It must not be stored for longer than 13 months and may not be extended for new visits;
raw traffic data with an associated identifier may also not be stored for more than 13 months;
the use of the IP address to identify your position must not allow you to determine your street address: only the first two bytes of IPv4 addresses can be kept and possibly used for geolocation (for IPv6 only the first 6 bytes can be kept).
Analytics solutions that are not compliant with these conditions must be subject to your prior consent.
TYPES OF COOKIES USED ON THE WEBSITES
- Cookies we emit for essential purposes
These cookies are required for the operation of the website. Without them, it would not be possible to access our content or services.
- Traffic measurement cookies
These cookies allow us to know the number of users and identify how they use the website. The information we gather allows us to continually improve your user experience.
The data that is selected in this way cannot be used to identify a specific user, because the information is anonymous.
- Social media cookies
By clicking on the sharing buttons on our websites, cookies may be stored on your terminal. This is the case with the Facebook™, Twitter™, Instagram™ and YouTube™ buttons.
Even without clicking on these buttons, social networks can track your browsing on our websites and collect data. There is no way for us to control the data that is retrieved.
The data collected will tailor the content of the advertising pages on these social networks to match your interests.
It is possible to refuse to have these cookies installed, but you will no longer be able to take advantage of the features of the sharing buttons.
You can also manage the installation of some of these cookies from YourOnlineChoices
How do we get your consent?
According to the “Loi Informatique et Liberté” law, cookies and trackers that require your consent may not be stored or read on your user terminal until you have given your consent.
Consent is a free, specific and informed expression of one’ s will.
As such, you can choose to accept or refuse to have cookies or trackers stored on your terminal.
Refusing a cookie that requires your consent will not affect your access to or use of the website www.happykits.fr
You must make this choice for every application and website you visit, and your consent is required whenever a new purpose is added to the original ones.
The steps required to get your consent, based on the CNIL’s recommendations:
STEP 1: Prior information
When you visit the website https://www.escapehome.co.uk (the homepage or a sub-page of the site), a pop-up banner will inform you about:
the precise purpose of the cookies used
your ability to object to these cookies and to change your settings by clicking on a link in the banner
that your continued browsing of the website implies your consent to have cookies stored on your terminal.
As long as you have not continued to brose, i.e. you have not gone to another page of the website or clicked on part of the website (such as an image, link, button, etc.), the previously mentioned banner will remain visible. This is to ensure that you are fully informed and that your consent is clear.
Unless you give your prior consent, cookies are not stored or read:
if you visit the website (the homepage or directly accessing another page of the website from a search engine, for example) and do not continue to browse (the absence of action cannot be considered to be an expression of your will);
Please note: your continued browsing of the website implies your consent to have cookies stored on your terminal.
STEP 2: “Find out more - Cookie settings” page
If you click on the link “Find out more - Cookie settings”, you will be directed to this page, where you can configure the cookie and tracker settings.
To this end, we provide practical solutions, which are applicable to all the tracking technologies we use (cookies, flash cookies, fingerprinting, plugins, certain images stored in browsers, memory slots specific to different browsers, etc.).
You can exercise your choice in a number of ways:
cookie settings on the webpage or in the application
using anti-tracking tools offered by analytics, advertising or social media solutions; provided that these solutions are user-friendly and can be used on all terminals and browsers. No data relating to internet users who have not provided their consent or who have decided to exercise their right to object shall be collected;
in some circumstances, in your browser settings. Each browser has a different way to manage your cookies and your choices. Your browser’s help menus will explain how to change your cookie preferences.
For Internet Explorer
In order to obtain your prior consent, we have also implemented:
an overlay that requests your consent
How long is your consent valid?
Consent must be forgotten, according to the concept of the right to be forgotten.
At the end of this period, your consent will have to be given again.
Under no circumstances may the duration of your consent be extended by visits to the website at a later date.
Withdrawing your consent
We have implemented the following user-friendly solutions to allow you to withdraw your consent at any time, as easily as you gave it:
cookie settings on the webpage or in the application
the interprofessional Youronlinechoices platform:
You may log in to the Youronlinechoices website, which is offered by the digital advertising professionals that make up the European Digital Advertising Alliance (EDAA) and which is managed in France by the Interactive Advertising Bureau France.