As a data controller, EMSoft LLC, attaches great importance to the respect and the protection of its users’ privacy.
1. What is a cookie?
1.1. The National Commission for Information Technology and Freedoms (“CNIL”) describes the cookie as: “A small computer file, a plotter, deposited and read for instance when consulting a website, reading an email, installing or using software or a mobile application, regardless of the type of terminal used (computer, smartphone, e-reader, video game console connected to the Internet, etc.).
The term “cookie” covers for example:
1.2. The cookie is thus placed temporarily in the memory of the User’s terminal (“session” cookie) or stored permanently on the hard drive (“persistent” cookie), by a web page server. Cookies cannot run programs or introduce viruses to the terminal. Cookies are uniquely assigned and can only be read by a web server in the domain that sent them.
1.3. The cookies are attributed in a unique manner and can be read only by a web server of the domain which transmitted them.
2. What is the applicable law to the cookies?
EMSoft LLC relied on the latest CNIL publications which precisely describes the legal framework applicable to cookies.
3. Cookies and consent, what does the law say?
With regard to the law applicable to cookies, the CNIL distinguishes two types of cookies:
3.1. Cookies exempted from User’s consent
According to the CNIL “These are cookies strictly necessary for the provision of an online communication service expressly requested by the user or the tracers which aim to allow or facilitate the transmission of communication by electronic means“. These cookies “do not require consent” from Users.
These cookies are including:
When these cookies are used on its Site, EMSoft LLC will inform Users thereof.
3.2. Cookies requiring the collection of the User’s consent
According to the CNIL, this type of cookies “may for example be linked to the display of personalized or non-personalized advertising (when cookies are used to measure the audience of the advertising displayed in the latter case) or to sharing features on social networks “.
Without consent, the User’s consent, cookies cannot be placed and / or read on his terminal.
4. EMSoft LLC’s cookies and third-party’s cookies
4.1. EMSoft LLC thus collects and uses cookies when Users browse on its Site regardless of the device used (computer, smartphone, e-reader, video game console connected to the Internet, smart TV, etc.). Cookies may also be placed for specific reasons (eg: chat solution from a subcontractor of EMSoft LLC on the Site).
4.2. In addition to EMSoft LLC, third parties may indeed place cookies on the Users’ terminal, for example the partners of EMSoft LLC, advertising agencies and other data controllers.
4.3. In all transparency, EMSoft LLC will indicate the issuers of cookies concerned in order to keep Users informed.
5. The purposes of the cookies used by EMSoft LLC
In a transparent manner, Users are informed of all types of cookies that EMSoft LLC is likely to collect, use or operate whether with or without their consent.
5.1. Necessary cookies (also called essential cookies)
These cookies which are strictly necessary for the operation of our Site and therefore cannot be disabled. Thus, Users’ consent is not required in accordance with 3.1. However, it remains possible to oppose it by modifying the settings of the browser used by the User via his platform (see article 7.). This opposition will lead to a degradation of the navigation experience.
These cookies will be retained at least for visits to the User’s Site and at maximum for a period not exceeding that provided for by applicable law.
5.2. Optional Cookies
The use of this type of cookies requires the consent of the Users, which means that the latter can object to their use. Among these, we distinguish:
5.2.1. Preference cookies
These cookies are intended to improve the User experience and facilitate their research by offering them products and offers related to their areas of interest. However, this type of cookies is not essential for navigation.
These may, for example, be cookies for displaying personalized banners outside our Site, a system of service recommendations (last subject viewed, suggested reading or product or service, etc.).
These cookies will be retained at least for visits to the User’s Site and at maximum for a period not exceeding that provided for by applicable law
5.2.2. Session cookies
These are temporary cookies, their purpose is to allow EMSoft LLC to determine whether a User has logged in to the website on into its account; or to display a name of a User when he is logged into its account.
These cookies will be retained at least for visits to the User’s Site and at maximum for a period not exceeding that provided for by applicable law. These cookies are a subcategory of preference cookies cited at 5.2.1.
5.2.3. Marketing cookies
The purpose of these cookies is to track the User on the Site in order to display services and offers related to its areas of interest. Those cookies are also temporary cookies.
5.2.4. Analytical cookies
Analytical cookies help us improve our Site by collecting and reporting information about its use. These are also audience measurement cookies and their use allow EMSoft LLC to collect statistics relating to the operation of its site.
5.4. Targeting cookies
These cookies are used to display targeted offers to the User when browsing on the Site as well as on another site.
EMSoft LLC has no control over these cookies as they are managed by other companies. Indeed, only the issuer of a cookie can read or modify the information of this cookie. In addition, the Site welcomes advertising partners and is likely to send them information related to products and services consulted by the User. When this is the case, these companies must undertake to keep this data confidential in accordance with the Data Protection Act (January 6, 1978) and the General Data Protection Regulation (GDPR) or any other applicable law.
This is the case of cookies used by Google Analytics.
See https://support.google.com/analytics/answer/2763052?hl=en for more information.
These cookies are also offered by third parties so that the User can access certain services.
E.g.:
The use of this type of cookies requires the consent of the Users. These cookies will be retained for visits to the User’s Site for a period not exceeding that provided for by applicable law.
6. How does EMSoft LLC use cookies?
6.1. EMSoft LLC uses cookies in order to personalize and optimize Users’ browsing and online time and according to the purposes cited on article 5 above. Thus, during their use of the Site, cookies may be placed on their terminal.
6.2. Before each deposit of cookies on the terminal, the prior consent of the User is required for cookies not exempted from consent. This consent request is made on a banner that clearly defines essential information to enlighten the User, namely:
The consent obtained (by clicking on the “ACCEPT ALL” button) from the User means its acceptance of the use of all cookies in accordance with applicable law and this Policy. Thus, in case of refusal of the User (by clicking on the “DENY” button), it will be possible for him to deactivate the cookies (only the optional cookies referred on article 3.1. and requiring the consent of the User).
By clicking on “MANAGE” and by checking or by unchecking the boxes corresponding to the types of cookies indicated, the User can thus specify or modify his choices (to the exclusion of the necessary cookies provided for in article 5.1). However, for certain types of third-party cookies, the User will have to rely on article 5.4 above to know more about them and article 7 below to exercise his control over them.
7. What control does a User have over cookies?
7.1. All Users are free to accept or refuse cookies at any time by modifying the settings of their Web browser. However, if cookies are refused this can impair performance and negatively influence browsing of the website.
7.2. Most browsers are configured to accept cookies by default. However, Users can delete or refuse cookies in the browser settings regardless of the platform used. However, refusing cookies can obstruct performance and negatively influence the navigation of the Site.
7.3. For more information on how to control cookies, Users can check the settings of the browser used or the platform to find out how they can control or refuse cookies, or by visiting the following pages
8. Privacy Policy
This Cookie Policy is an integral part of our Privacy Policy available at https://emsoftmn.com.com/policy. Acceptance of this Charter is acceptance of our Privacy Policy.
9. Amendment of the Charter on use of Cookies
9.1. EMSoft LLC reserves the right to amend its Cookies Charter at any time. EMSoft LLC shall publish all substantial amendments on its Website visibly, and they shall be applicable from publication of them.
