Cookies

Cookie management on the acm-caraibes.com website

ACM Caraïbes guarantees respect for the law and for site visitors by scrupulously applying the conditions laid down by the legislator. In order to shed some light on the subject, we have taken the information from the reference site: CNIL.

Here is the transcript

Cookies & trackers: what does the law say?

In application of the European directive known as the "telecom package", Internet users must be informed and give their consent prior to the insertion of tracers. They must be able to choose not to be tracked when they visit a site or use an application. Publishers are therefore obliged to seek users' prior consent. This consent is valid for a maximum of 13 months. However, some trackers are exempt from this requirement.

What are “cookies” or “tracers”?

This applies, for example, to traces left behind and read when visiting a website, reading an e-mail, installing or using software or a mobile application, regardless of the type of terminal used, such as a computer, smartphone, e-reader or video game console connected to the Internet. Although they meet certain conditions, some tracking devices are exempt from this obligation

As such, the term “cookie” covers, for example :

  • HTTP cookies,
  • flash" cookies,
  • the result of the fingerprint calculation in the case of “fingerprinting” (calculation of a unique identifier for the machine based on elements of its configuration for tracing purposes),
  • invisible pixels or “web bugs”,
  • any other identifier generated by software or an operating system, for example.

These obligations apply whether or not cookies collect personal data.

What does the law say?

By amending Article 5(3) of Directive 2002/58/EC with the adoption of Directive 2009/136/EC, the European legislator has established the principle :

prior consent of the user before storing information on a user's equipment or accessing information already stored, unless these actions are strictly necessary for the delivery of a company service, information expressly requested by the subscriber or user.

Article 32-II of the French Data Protection Act of January 6, 1978, amended by Ordinance no. 2011-1012 of August 24, 2011, which transposed Directive 2009/136/EC, reiterates this principle.

In accordance with the French Data Protection Act, cookies and other tracking devices requiring consent may not be placed on or read by the user's terminal until he or she has given their consent.

ACM Caraïbes, through its message at the entrance to the site, guarantees that the visitor's consent has been taken into account.

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