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.
3. 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 GENERAL TERMS OF SERVICE on behalf of the CLIENT and those permitted under the CCPA for Service Providers.
4.1 · The CLIENT shall be the only PARTY responsible for the correct use of the opt-out mechanism - including the one provided by MARFEEL - and holds MARFEEL harmless of all claims and actions of third parties relating to the processing of the CLIENTS’ final users’ personal data without consent. The CLIENT shall be responsible for the implementation and management of its own opting out mechanism on those website sections which are not under the MARFEEL PLATFORM, to be compliant with those third parties who may require it.
5. 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.
6. MARFEEL have technical mechanisms to ensure the exclusion of consumers who opted out through an interactive form accessible via a clear and conspicuous link through website sections under the MARFEEL PLATFORM and/ or when the CLIENT transfer the opt out signal; as well as to communicate the exclusions to the other parties involved in the transactions, where MARFEEL is responsible for making such communication.
7. MARFEEL may refuse to receive and use any Data if it reasonably believes that processing of such Data may infringe the CCPA, pose a risk of liability or harm to Consumers, MARFEEL or any of MARFEEL’s agents or Customers.
8. 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 service, accurately re-transmit an “opt-out”; (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 section.