1. The parties agree that the processing of users located in the Federative Republic of Brazil (Hereinafter “Brazil”) shall be processed according to the following section and the Data Processing Agreement (DPA) found in: https://www.marfeel.com/data-processing-agreement/. In the event of any inconsistency between the DPA and this section, this section shall prevail.
2. The parties acknowledge that the CLIENT acts as a Controller (Controlador) of webpage user’s personal data and that MARFEEL acts as a processor (operador).
3. Personal data shall be processed by MARFEEL in accordance with the instructions imparted by the CLIENT. The CLIENT may verify the adherence of the instructions and the rules regulating MARFEEL.
4. MARFEEL does not collect any direct user identifiable information such as a name, e-mail address, etc. However, MARFEEL collects identifiers that, when used, may allow the identification of the individual to whom the information in question may relate, such as online identifiers or location data. MARFEEL has implemented measures to prevent user identification.
5. MARFEEL may provide the mechanism described on section 6.2 of this GTOS, to allow the CLIENT to obtain Brazilian user’s consent for the processing of their personal data. All terms and conditions set on section 6.2 shall apply to this section.
6. CLIENT shall grant MARFEEL a permanent access to the data concerning traffic, visits, unique users, revenues and, in general terms, to the main analytics data of the WEBSITE and the OPTIMIZED VERSION for the previous THREE (3) months, during the term of the contract, and for the following THREE months after the termination of the contract, segregated, at least, by origin, browser, operating system and URL.
7. MARFEEL, when acting as a processor, shall act according to the provisions of the LGPD and will be responsible for any damages caused by the processing when it does not comply with the obligations stated in Data Protection Legislation or when it has not followed the controller’s lawful instructions, in which case, MARFEEL will be deemed equivalent to the controller, except in cases of exclusion as provided in LGPD.
8. The identity and contact details of the Data Protection Officer, for the purpose of Section II of the LGPD are as follows:
Phone: +34 93 178 59 50
Address: Avenida Josep Tarradellas, 20-30, sixth floor. 08029 – Barcelona