Cookies and other tracking tools.

Articles 122 of Code and 4, point 11), 7, 12, 13 and 25 of Regulation.

THE cookies are usually strings of text that sites web (CD. publisher or “first party”) visited by the user or sites or web server different (so-called "third parties") place and store within a terminal device available to the user. The same result can also be achieved through the use of other tools (so-called "active" and "passive identifiers"), which allow processing similar to those indicated above to be carried out.

They are used for the sole purpose of "carry out the transmission of a communication over an electronic communications network, or to the extent strictly necessary for the provider of an information society service explicitly requested by the contractor or user to provide such service” (see art. 122, paragraph 1 of the Code). They do not require the acquisition of consent, but must be indicated in the information.

They are comparable to cookies technicians only if:

• They are used solely to produce aggregate statistics and in relation to a single site or a single mobile application;
• It comes disguised, for those of third parts, at least the fourth component of the IP address;
• The third parts they refrain from combining these analytics cookies with other processing (customer files or statistics of visits to other sites, for example) or from transmitting them to third parties.

Used to trace specific actions or recurring behavioral patterns in the use of the features offered to specific, identified or identifiable subjects (patterns) for the purpose of grouping the different profiles within cluster homogeneous of different sizes, so that it is possible to send targeted advertising messages, i.e. in line with the preferences expressed by the user when browsing the net.

• Accountability;
• Integration of the information (also specify the data retention times);
• Strengthening of consensus (must be “unequivocal”).

How to make the information:

• Simple and accessible language;
• Even in mode multilayer And multichannel;
• If you only use them cookies technicians, the relevant information can be placed in the home page of the site or in the general information;
• If you also treat others cookies, use banner immediately appearing and of adequate size containing:
  
  • The indication that the site uses cookies technicians and, subject to the user's consent, cookies profiling or other tracking tools indicating the related purposes (short information);
  • The link at the privacy policy containing the complete information, including any other recipients of the personal data, the data retention times and the exercise of the rights referred to in the Regulation;
  • The indication that the continuation of navigation by selecting an explicit command or element contained in the page below the banner involves the provision of consent to profiling;
  • A command to accept all cookies or other tracking techniques;
  • The link to another area in which you can analytically choose the functionalities, the third parts hey cookies that you want to install and, through two further commands, be able to give consent to the use of all cookies if not given previously or revoke it, even in a single solution, if already expressed;
  • A command (e.g. an X at the top right) to close the banner without giving consent to the use of cookies or other profiling techniques while maintaining the settings of default;
• No to reiterating the request for consent, except if one or more of the conditions under which it was collected change or when it is impossible for the site to know whether a cookies has already been stored in the device.

The coding criteria of the cookies and other tracking tools adopted, to be communicated, upon request, to the Authority.

Scrolling: in itself unsuitable for the collection of suitable consent, except in the case in which it is inserted into a more complex process in which the user is able to generate an event, recordable and documentable on the site server, which can be qualified as a positive action suitable for unequivocally demonstrating the desire to give consent to the processing.

Cookie wall: illicit, except in the case - to be verified on a case-by-case basis - in which the site offers the interested party the possibility of accessing, without giving their consent to the installation and use of cookies, an equivalent content or service, to be evaluated in light of the principles of the Regulation.