Agreement in relation with California Consumer Privacy Act of 2018
Agreement in relation with California Consumer Privacy Act of 2018
1. This section reflects the Parties' agreement in connection with the California Consumer Privacy Act of 2018 ("CCPA").
2. This section shall apply to the extent that the CCPA applies to the CLIENT and only affects to transactions of personal Information of consumers in California ("Consumer Personal Information").
3. To the extent MARFEEL processes Consumer Personal Data originating from and protected by the CCPA, the terms specified in this Appendix shall apply in addition to the terms of the Data processing clauses stated herein https:// www.marfeel.com/data-processing-agreement. In the event of any conflict between the Data processing clauses and any terms of this Appendix, this Appendix shall prevail.
4. Unless indicated otherwise, the terms included in the Data processing clauses of: "Controller" shall include also "Business"; "Processor" shall include "Service Provider"; "Data subject" shall include "Consumer"; "Personal Data" shall include "Personal Information"; in each case as defined under CCPA.
5. MARFEEL will act as CLIENT's Service Provider, so MARFEEL's use or disclose of the Consumer Personal Information is limited to the specific purpose of performing the Services set forth in the GENERAL TERMS OF SERVICE on behalf of the CLIENT and those permitted under the CCPA for Service Providers.
6. The CLIENT shall comply with its obligations under the CCPA, including having an up-to-date and easily accessible privacy policy to Consumers which meets the requirements established by the CCPA, including the information regarding the mechanism to opt-out, or, when permitted, the transfer of data to MARFEEL is based on an opt-in mechanism. Even though MARFEEL may provide the CLIENT with or facilitate technical mechanisms to the CLIENT to process requests to opt-out through an interactive form accessible via a clear and conspicuous link according to the regulations (only to those website sections under the MARFEEL PLATFORM), the CLIENT shall be solely responsible for the correct use and implementation of a compliant mechanism to process opt-out requests. The CLIENT will hold MARFEEL harmless of all claims and actions of third parties relating to the opt-out mechanism implemented.
7. In the event that a Consumer has exercised the right to be excluded from the sale of his/her personal data to the CLIENT, it shall inform MARFEEL without undue delay. The CLIENT shall provide MARFEEL with all the necessary information to proceed with such use limitation.
8. MARFEEL have technical mechanisms to ensure the exclusion of consumers who has exercised the right to be excluded from the sale of his/her personal data to the CLIENT,; as well as to communicate the exclusions to the other parties involved in the transactions, where MARFEEL is responsible for making such communication. Consumer right requests will be processed by MARFEEL as indicated in this Data processing agreement.
9. MARFEEL may refuse to receive and use any Consumer Personal Information if it reasonably believes that processing of such Consumer Personal Information may infringe the CCPA, pose a risk of liability or harm to Consumers, MARFEEL or any of MARFEEL's agents or Customers.
10. MARFEEL may engage subproviders to receive or transfer personal information as long as, when applicable: (i) each Subprovider warrants that it has the technical capability to receive, interpret, and comply with the CCPA and, if necessary, for the performance of the applicable Services,; (ii) each such Subprovider is bound by a written agreement with MARFEEL that includes, and requires such Subprovider to comply with the obligations of MARFEEL as set forth in this Appendix.
11. Except as otherwise required by applicable laws or regulations, MARFEEL is prohibited from: (i) "selling" (as such term is defined in the CCPA) Consumer Personal Information in connection with the processing of Personal Information under this Appendix; (ii) retaining, using or disclosing Consumer Personal Information received by the CLIENT under this Appendix for any purpose other than: providing products or services to the CLIENT under the GENERAL TERMS OF SERVICE, retaining and employing another service provider as a subcontractor (as indicated in paragraph 10), for internal use in building products or services or improving the quality of products or services, detecting data security incidents, or protecting against fraudulent or illegal activity, or purposes enumerated in Civil Code section 1798.145, subsections (a)(1) through (a)(4); and (iv) retaining, using or disclosing such personal information outside of the direct business relationship between the CLIENT and MARFEEL. MARFEEL understands these restrictions and will comply with them with respect to any Personal Information of any Consumer covered by the CCPA that is processed under this Appendix.
