Marfeel Solutions, S.L (hereinafter Marfeel) is an Ad Tech provider which provides services to Publishers. In the execution of its activities, Marfeel is both a Controller and Processor of Personal Data.
Marfeel acts as a Controller when it processes Personal data of its employees, leads and potential clients, Shareholders, etc. For more details, please refer to the Data Protection Policy.
Controller
In general, Marfeel Legal basis to process data as a Controller, are consent, execution of a contract and/or compliance of a legal obligation. Legal basis are determined with the advisory of Metricson – a specialized law firm in Data Protection and Start ups. In case it does direct marketing, it may rely on Legitimate interest.
In the event that Marfeel uses consent as a legimate basis, it relies on different mechanism to obtain it. For instance, it has developed a Consent Management Platform (hereinafter CMP) in order to obtain consent and inform the different purposes to collect personal data when a webpage user navigates in Marfeel´s webpages. Additionally, when it process data of the Publisher, it relies on a contract as a legal base of processing.
Furthermore, as a Controller, Marfeel only collect the data that is necessary to the purposes. For that reason, as indicated in the Record of Processing Activities, only the data that is necessary is collected.
Processor
On the other hand, Marfeel also process personal data as a processor when it processes data of Publisher mobile website users. In this case, in title “Limitation of Liability” of our Data Processing Addendum (https://touch.marfeel.com/data-processing-agreement) it is the Publisher sole responsibility to assess and determine the legal basis by which it is collecting and processing Personal Data. Note that Marfeel does act as a processor in the collection of Data in Publisher´s desktop website version.
Notwithstanding the latter, in accordance with section 6.2 of our General Terms of Service, Marfeel May provide a CMP that follows IAB TCF v2 framework, in order to allow the Publisher the collection of Personal Data in compliance with EU Data Protection Regulations. However, it is important to note that Marfeel is not responsible for the correct use of the CMP, the assessment of legal basis, and the performance of any legal obligation in head of the Publisher and the application of Data Protection Principles.
CMP
As stated above, and as part of the its value proposition, it provides a CMP to allow its customers to have a mechanism to collect Personal data and inform the user of the different purposes for which data is collected. As a result, Publisher is the controller of the Data collected via this CMP.
Marfeel CMP is configured in accordance with TCF V2, and below you may verify a screen shot of Marfeel CMP:
First Lawyer
In the first lawyer, the different purposes for collecting personal data are disclosed, if third party cookies will exist, and the mechanism to accept or configure the setting of Cookies.
Second Lawyer
In the second lawyer, the User finds the option to accept or reject the use of cookies for the different purposes by which Personal Data is Collected, and the different legal basis used. As well, the User has the option to reject or accept all cookies.
Third Lawyer
Finally, in the Third Lawyer the partners that set cookies are found, with the detail of the legal basis and purposes by which they are collecting personal data. The User has the option to reject a specific partner or only to accept cookies for a particular purpose.
Finally, it is important to specify that Marfeel may use its own CMPS to collect personal data on its behalf, such as for obtaining consent of user in Marfeel´s webpages. In those cases, Marfeel is acting as a Controller of Personal Data.