WHAT IS A COOKIE?
Cookies are small text files that are stored on a user's device (such as a computer or a smartphone) when they visit a website. They are created by the website's server and contain information about the user's browsing activity on that site. When the user revisits a website, software on the user's device (for example a web browser) stores the cookies and send them back to the website next time they visit to personalize the user's experience or provide relevant content.
Cookies serve various purposes, including improving website functionality, remembering user preferences, tracking user behaviour, and providing targeted advertising.
DIFFERENT TYPES OF COOKIES
Cookies come in various types, each with its unique characteristics and purposes. Here are some common types of cookies:
Cookies that expire at the end of a browser session (normally when a user exits their browser) are called ‘session cookies’. These cookies are temporary and exist only during your browsing session. They are stored in your computer's memory and are deleted when you close your browser. Session cookies are used to remember your actions or selections on a website, such as items added to a shopping cart.
Unlike session cookies, persistent cookies are stored on your computer or device even after you close your browser. They have an expiration date, set by the website operator, and remain until that date is reached or until you manually delete them. Persistent cookies can remember your preferences and choices when using a site or to target advertising. In addition, they are used for login information, making it convenient for you to access a website without having to log in each time.
First-party cookies are set by the website you are visiting and are specific to that website. They are used to enhance your browsing experience, remember your preferences, and provide personalized content. For example, a first-party cookie may remember your language preference on a multilingual website.
These cookies are set by domains other than the website you are visiting. Third-party cookies are often used for advertising and tracking purposes. They can track your browsing behaviour across multiple websites to display targeted ads based on your interests. However, due to privacy concerns, the use of third-party cookies is becoming increasingly restricted.
Secure cookies are encrypted and transmitted over a secure connection (HTTPS). They are designed to protect sensitive information, such as login credentials or financial details, from being accessed by unauthorized parties.
HttpOnly cookies can only be accessed and manipulated by the server. They help prevent cross-site scripting (XSS) attacks by restricting access to cookies through client-side scripts.
Analytical cookies are used to gather information about how users interact with a website. They track metrics such as page views, session duration, and navigation patterns. This data is then used to analyse and improve the website's performance and user experience.
Advertising cookies track users' browsing behaviour across different websites to display relevant ads. They can collect information about your interests, searches, and interactions with ads. Advertisers use this data to deliver personalized advertisements to specific target audiences.
WHAT ARE YOUR RIGHTS ABOUT COOKIES?
Following General Data Protection Regulation (both UK and EU), in addition to global compliance regulations, Learning People provide a strictly opt-in basis. This means that, when able to and are not related to any strictly necessary purposes, we will block all non-essential trackers until you provide your consent to other trackers. This includes all trackers used for marketing or analytical purposes as well as targeted advertising.
Privacy Electronic Communications Regulation (PECR)
PECR does not refer to cookies by name, but Regulation 6 states:
“(1) … a person shall not store or gain access to information stored, in the terminal equipment of a subscriber or user unless the requirements of paragraph (2) are met.
(2) The requirements are that the subscriber or user of that terminal equipment —
(a) is provided with clear and comprehensive information about the purposes of the storage of, or access to, that information; and
(b) has given his or her consent.”
This means that if Learning People cookies, we must:
say what cookies will be set;
explain what the cookies will do; and
obtain consent to store cookies on devices.
PECR also applies to ‘similar technologies’ like fingerprinting techniques. Therefore, unless an exemption applies, any use of device fingerprinting requires the provision of clear and comprehensive information as well as the consent of the user or subscriber.
DIFFERENCE BETWEEN ‘USER’ AND ‘SUBSCRIBER’
When a person uses a device to access an online service they are described as a ‘user’, however if they pay the bill for the services (i.e. internet connection in the residence) they are the ‘subscriber.
In many cases the ‘user’ and ‘subscriber’ can be the same person, for example when a person pays for a mobile phone bill and uses internet connection on their mobile device.
However, this is not always the case. For example, if a family member visits that subscriber’s home and uses the internet connection to access your service from their own device, they would be the user.
WHAT DOES ‘CLEAR AND COMPREHENSIVE INFORMATION’ MEAN?
The phrase "clear and comprehensive information" refers to the requirement of providing detailed and easily understandable information to individuals about certain matters, typically related to their rights, choices, or the processing of their personal data. It is commonly associated with data protection and privacy regulations like the General Data Protection Regulation (GDPR) in the European Union and United Kingdom (UK).
The "clear and comprehensive information" entails 4 key aspects:
Information should be presented in a manner that is clear, concise, and easily understandable. It should avoid technical jargon or complex language that might confuse or mislead individuals.
The information should be transparent, providing individuals with a clear understanding of how their data will be used, who will have access to it, and for what purposes. It should disclose any potential risks or consequences associated with the processing of their data.
The information should be easily accessible to individuals. This typically involves making it available in a clear and conspicuous manner, such as through privacy notices or policies that are easily accessible on websites or in other relevant contexts.
The information should cover all relevant aspects related to the specific subject matter, ensuring that individuals have a comprehensive understanding of their rights, choices, or the processing of their personal data. It should not omit important details or obscure key information.
The aim of providing clear and comprehensive information is to empower individuals to make informed decisions and exercise control over their personal data. By being transparent and straightforward, Learning People aim to build trust with individuals and demonstrate our commitment to data protection and privacy principles.
YOUR LEGAL RIGHTS ON PROVIDING ‘CONSENT’ FOR COOKIES
PECR requires that users or subscribers’ consent to cookies being placed or used on their device. There is no definition of consent given in PECR, instead, the UK GDPR definition of consent applies.
Article 4(11) of the UK GDPR and states:
"‘consent’ of the data subject means any freely given, specific, informed and unambiguous indication of the data subject's wishes by which he or she, by a statement or by a clear affirmative action, signifies agreement to the processing of personal data relating to him or her."
Article 7 of the UK GDPR provides further specifics about consent requirements, saying that:
you must be able to demonstrate that you have valid consent;
your consent requests must be ‘clearly distinguishable from other matters’ – ie, they must not be bundled as part of terms and conditions;
your consent requests must be in an intelligible and easily accessible form, using clear and plain language; and
your consent mechanism must allow the individual to withdraw their consent at any time.
Recital 32 of the UK GDPR also specifically bans pre-ticked boxes – silence or inactivity does not constitute consent.
In short, Learning People are required to follow the below information to obtain informed consent:
The user must take a clear and positive action to give their consent to non-essential cookies – continuing to use our website does not constitute valid consent;
Learning People must clearly inform users about what your cookies are and what they do before they consent to them being set;
if we use any third-party cookies, Learning People must clearly and specifically name who the third parties are and explain what they will do with the information;
Learning People cannot use any pre-ticked boxes (or equivalents such as ‘on’ sliders) for non-essential cookies;
Learning People must provide users with controls over any non-essential cookies, and still allow users access to your website if they don’t consent to these cookies; and
Learning People must ensure that any non-essential cookies are not placed on our landing page (and similarly that any non-essential scripts or other technologies do not run until the user has given their consent).
COOKIE REGULATIONS FOR AUSTRALIA AND NEW ZEALAND
On the Learning People website, the cookie preference option is powered by Onetrust, with is a third-party partner with Learning People. On our website we will have an automated text box that will appear when you visit the site. This cookie text box highlights whether you would like to accept all cookies, reject all cookies, or alter the settings so you can manage your consent preferences.
What actual cookies do Learning People use?
By clicking “Accept all Cookies” or manging your cookies through the “Cookies Settings”, you agree to the storing of cookies on your device to enhance site navigation, analyse site usage, and assist in our marketing efforts. Clicking this button means you have given Learning People consent to store or retrieve data on your browser in the form of a cookie.
Apart from “Strictly Necessary Cookies”, we will only use the cookies that you have consenting to on your devices. Please be aware that the “Strictly Necessary Cookies” do not store personal data and therefore follow UK-GDPR, EU-GDPR and PECR regulations.
Learning People have 4 types of cookie information, which we highlight in the cookie settings. They are as follows:
- Functional Cookies
- Strictly Necessary Cookies
- Targeting Cookies
- Performance Cookies
The function cookies are first- and third-party cookies used strictly for the enhanced functionality and personalisation of your visit to the site. The function of these cookies is to help you navigate on our site if you have used it previously or have changed any preferences, which accounts to personalisation. Learning People provide the option for you to not allow these cookies, and we legally do not allow these cookies without your consent, however it may have an adverse effect on your site visit and engagement.
Strictly necessary cookies
Strictly necessary cookies are secured cookies that are necessary for the website to function and cannot be switched off in our systems. They are usually only set in response to actions made by you which amount to a request for services, such as setting your privacy preferences, logging in or filling in forms. You can set your browser to block or alert you about these cookies, but some parts of the site will not then work. These cookies do not store any personally identifiable information and are within your personal data regulations.
Targeting cookies are considered advertisement cookies. These cookies may be set through our site by our advertising partners. They may be used by those companies to build a profile of your interests and show you relevant adverts on other sites. They do not store directly personal information but are based on uniquely identifying your browser and internet device. If you do not allow these cookies, you will experience less targeted advertising.
This is considered and analytical cookie. Learning People use these cookies to allow us to count visits and traffic sources so we can measure and improve the performance of our site. They help us to know which pages are the most and least popular and see how visitors move around the site. All information these cookies collect is aggregated and therefore anonymous. If you do not allow these cookies we will not know when you have visited our site and will not be able to monitor its performance.
What if I select Reject All cookies?
If you select “Reject All” you will not have any cookies related to function, targeting or performance. This may affect your usage in some sections of the website, but we will minimalise your impact as much as possible as we do not want to impede on your rights, nor affect the functionality of your service for you.
Can I change my cookie preference?
Yes you can. Once you have selected an option, you will see an icon in the bottom left page of the website. If you select this again at any time, you can change your cookie preference. This gives you constant control over the level of consent you provide Learning People in relations to cookies.
WHAT PERSONAL DATA DO LEARNING PEOPLE COLLECT ABOUT ME?