Cookies policy: cover sheet
SEQ Legal LLP
1. This template legal document was produced and published by SEQ Legal LLP.
2. We control the copyright in this template, and you may only use this template in accordance with the licensing provisions in our terms and conditions.
3. The current version of our terms and conditions is available at: http://www.website-contracts.co.uk/acatalog/terms_and_conditions.html.
4. You will need to edit this template before use. Guidance notes to help you do so are set out at the end of the template. During the editing process, you should delete those guidance notes and this cover sheet. Square brackets in the body of the document indicate areas that require editorial attention. By the end of the editing process, there should be no square brackets left in the body of the document.
5. The template is intended for use on websites that are run by operators situated in England and Wales and focused on users situated in England and Wales; it can be adapted for use in relation to other jurisdictions, although this should only be done by someone with the requisite familiarity with the law of the relevant jurisdiction.
6. If you have any doubts about the editing or use of this template, you should seek professional legal advice.
7. You may be able to get free legal guidance using our public Q&A system, available at: http://www.seqlegal.com/questions.
8. You can request a quote for legal services (including the adaptation or review of a legal document produced from this template) using this form: http://www.seqlegal.com/request-quote.
2. About cookies
2.1 A cookie is a file containing an identifier (a string of letters and numbers) that is sent by a web server to a web browser and is stored by the browser. The identifier is then sent back to the server each time the browser requests a page from the server.
2.2 Cookies may be either "persistent" cookies or "session" cookies: a persistent cookie will be stored by a web browser and will remain valid until its set expiry date, unless deleted by the user before the expiry date; a session cookie, on the other hand, will expire at the end of the user session, when the web browser is closed.
2.3 Cookies do not typically contain any information that personally identifies a user, but personal information that we store about you may be linked to the information stored in and obtained from cookies.
2.4 Cookies can be used by web servers to identity and track users as they navigate different pages on a website and identify users returning to a website.
3. Our cookies
3.1 We use [only session cookies / only persistent cookies / both session and persistent cookies] on our website.
3.2 The names of the cookies that we use on our website, and the purposes for which they are used, are set out below:
(a) we use [cookie name] on our website to [recognise a computer when a user visits the website / track users as they navigate the website / enable the use of a shopping cart on the website / improve the website's usability / analyse the use of the website / administer the website / prevent fraud and improve the security of the website / personalise the website for each user / target advertisements which may be of particular interest to specific users / [describe purpose(s)]];
(b) [repeat as necessary.]
4. Analytics cookies
4.1 We use [Google Analytics] to analyse the use of our website.
4.2 Our analytics service provider generates statistical and other information about website use by means of cookies.
4.3 The analytics cookies used by our website have the following names: [_utma, _utmb, _utmc and _utmz]
4.4 The information generated relating to our website is used to create reports about the use of our website.
5. Third party cookies
5.1 Our website also uses third party cookies.
5.3 Details of [other] third party cookies used by our website are set out below:
(a) [third party cookie details;]
(b) [repeat as necessary.]
6. Blocking cookies
6.1 Most browsers allow you to refuse to accept cookies; for example:
(a) in Internet Explorer (version 10) you can block cookies using the cookie handling override settings available by clicking "Tools", "Internet Options", "Privacy" and then "Advanced";
(b) in Firefox (version 24) you can block all cookies by clicking "Tools", "Options", "Privacy", selecting "Use custom settings for history" from the drop-down menu, and unticking "Accept cookies from sites"; and
(c) in Chrome (version 29), you can block all cookies by accessing the "Customise and control" menu, and clicking "Settings", "Show advanced settings" and "Content settings", and then selecting "Block sites from setting any data" under the "Cookies" heading.
6.2 Blocking all cookies will have a negative impact upon the usability of many websites.
6.3 [If you block cookies, you will not be able to use all the features on our website.]
7. Deleting cookies
7.1 You can delete cookies already stored on your computer; for example:
(a) in Internet Explorer (version 10), you must manually delete cookie files (you can find instructions for doing so at http://support.microsoft.com/kb/278835);
(b) in Firefox (version 24), you can delete cookies by clicking "Tools", "Options" and "Privacy", then selecting "Use custom settings for history", clicking "Show Cookies", and then clicking "Remove All Cookies"; and
(c) in Chrome (version 29), you can delete all cookies by accessing the "Customise and control" menu, and clicking "Settings", "Show advanced settings" and "Clear browsing data", and then selecting "Delete cookies and other site and plug-in data" before clicking "Clear browsing data".
7.2 Deleting cookies will have a negative impact on the usability of many websites.
8. Cookie preferences
9. Our details
9.1 This website is owned and operated by [name].
9.2 [We are registered in [England and Wales] under registration number [number], and our registered office is at [address].]
9.3 Our principal place of business is at [address].
9.4 You can contact us by writing to the business address given above, by using our website contact form, by email to [email address] or by telephone on [telephone number].
Drafting notes for cookies policy
This cookies policy template will help you to comply with the law relating to web cookies.
The key piece of legislation in the UK relating to cookies is the Privacy and Electronic Communications (EC Directive) Regulations 2003 as amended by the Privacy and Electronic Communications (EC Directive) (Amendment) Regulations 2011. The cookies policy will also help you to comply with the Data Protection Act 1998 insofar as it affects the use of web cookies.
Regulation 6 of the Privacy and Electronic Communications (EC Directive) Regulations 2003 (as amended) provides that:
"(1) Subject to paragraph (4), 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.
(3) Where an electronic communications network is used by the same person to store or access information in the terminal equipment of a subscriber or user on more than one occasion, it is sufficient for the purposes of this regulation that the requirements of paragraph (2) are met in respect of the initial use.
(3A) For the purposes of paragraph (2), consent may be signified by a subscriber who amends or sets controls on the internet browser which the subscriber uses or by using another application or programme to signify consent.
(4) Paragraph (1) shall not apply to the technical storage of, or access to, information - (a) for the sole purpose of carrying out the transmission of a communication over an electronic communications network; or (b) where such storage or access is strictly necessary for the provision of an information society service requested by the subscriber or user."
In order to use this template, you may need to speak to your web developer about the cookies used on your website and the purposes for which they are used.
Section 1 - Introduction
Section 3 - Our cookies
What types of cookies will be used on the website?
(a) - What is the name of the cookie? For what purpose is the cookie used? Describe the purpose or purposes for which the cookie is used.
Section 4 - Analytics cookies
Are cookies used to generate analytics data for the website?
The drafting in this provision assumes that Google Analytics is being used, but can easily be adapted for other cookie-based analytics systems.
Will you use Google Analytics?
What are the names of the analytics cookies used on the website?
Section 5 - Third party cookies
Does the website serve any third party cookies to users?
Will Google AdSense advertisements be published on the website?
Will Google AdSense interest-based advertisements be published on the website (that is, advertisements tailored to a user's particular interests as Google perceives them)?
This provision should be included if you publish Google AdSense interest-based advertisements on your website. Additional disclosures will be required if you have not opted out of third-party ad serving.
If the website sets any other cookies to users' machines that track behaviour, information about those cookies will also need to be disclosed.
(a) - Provide details of third party cookie use: identify the third party in question, identify the cookie in question, and provide details of the purpose or purposes for which the cookie is used.
Section 6 - Blocking cookies
Will the blocking of cookies have a negative effect upon the use of the website from a user perspective?
Section 8 - Cookie preferences
Are there any cookie preference management facilities available to users on the website?
Identify the web page users should visit to manage their cookie preferences.
Section 9 - Our details
UK companies must provide their corporate names, their registration numbers, their place of registration and their registered office address on their websites (although not necessarily in this document).
Sole traders and partnerships that carry on a business in the UK under a "business name" (i.e. a name which is not the name of the trader/names of the partners or certain other specified classes of name) must also make certain website disclosures: (i) in the case of a sole trader, the individual's name; (ii) in the case of a partnership, the name of each member of the partnership; and (iii) in either case, in relation to each person named, an address in the UK at which service of any document relating in any way to the business will be effective. All websites covered by the Electronic Commerce (EC Directive) Regulations 2002 must provide a geographic address (not a PO Box number) and an email address. All website operators covered by the Provision of Services Regulations 2009 must also provide a telephone number.
What is the name of the company, partnership, individual or other legal person or entity that owns and operates the website?
Is the website operator a company?
In what jurisdiction is the website operator registered? What is the website operator's company registration number or equivalent? What is the website operator's registered address?
Where is the website operator's head office or principal place of business?
What is the website operator's contact email address? What is the website operator's contact telephone number?