Ad Network Identity Crisis: When am I a Controller or a Processor?

What Am I?

The General Data Protection Regulation (GDPR) is privacy legislation that brings a great deal of risk liability for any business or person working with what is defined as “personal data.” GDPR has raised more questions than answers when it answers, especially when it comes to the controller processor relationship. Adding to the complexity is the constantly shifting title shift based on activity and motivation for working with personal data. And no industry has more questions than the advertising networks that link website publishers renting space on their sites with advertisers looking to put their ads in front of an audience to get them to click and find out more about their offers. Operating beneath this surface is a host of intermediary service providers operating on behalf of the advertisers to perform bidding services. As data is transferred between the various parties, serious questions arise around who holds the liability under GDPR.


Ad Network Overview

On one side you have the website publisher looking to sell advertising impression space on a website. The publisher is motivated to sell that impression space to the advertiser willing to pay the highest price. Connecting publishers to the advertising exchange are the Supply-Side Platform (SSP) where they can post information about their audience, available impression space, and terms. The SSP connects publisher inventory to the Demand-Side Platform (DSP) where advertisers are looking for site space with the highest traffic levels for their demographic interest segments. Advertisers often contract with Account Based Marketing (ABM) service providers to monitor space purchasing opportunities and execute bids. The whole thing takes fractions of a second and that operates as an online auction.

When a publisher posts a bid, they transfer enough information about the person, content, geo-location, and site category to allow the advertisers or their ABM agents to evaluate whether they want to bid and define their pricing thresholds. Much of this information is defined as personal data under GDPR Recital 30 and other privacy regulations because it contains the visitors IP address, geolocation, and potentially cookie identifiers. Because this whole transaction happens in fractions of a second, the regulatory question becomes who is the controller and who is the processor.


Controller Processor Relationship Under GDPR

Under GDPR Article 4(6) a controller is a natural or legal person determining the “why” and “how” personal data is processed. To process personal data, a controller must cite a specific lawful purpose for doing so under Article 6. For the sake of this article, the most common lawful purposes are consent and legitimate interest as defined under Art.6(1)(a) and (1)(f). Meanwhile, a processor is defined under Article (4)(8) as the natural or legal person processing data on behalf of the controller. Controller-processor role responsibility can change depending on how the parties interact with the data under their control.

Identifying controllership is subject to test laid out by Working Party 29 in Opinion 1/2010 on the concepts of “controller” and “processor”.

  1. Do they determine the “how and “why” of processing? This is a factual determination of why is this processing taking place and who initiated it.
  2. What is the functional relationship between the parties? Under this determination, there are three types of control based on competence, explicit legal competence, implicit competence, and factual influence. Explicit and Implicit competence is rooted in a legal right to process and is not applicable to the ad exchange environment. Factual influence is a determination based on a factual review of the circumstance, primarily based on an assessment of the contract between the parties.
  3. What are the purposes and means of processing? This is a dynamic definition, meaning it can shift, linked to the processing activity. The purpose is defined as “an anticipated outcome that is intended or guides your planned actions”. Means is defined as “how a result is obtained or an endeavor achieved. Basically, why is the processing happening and what is the role of possible connected actors.

Processors, on the other hand, are subject to a two-part test:

  1. Are they a separate legal entity with respect to the controller?
  2. Are they processing data on the controller’s behalf? And this is a critical test. Under this analysis motivation for processing is analyzed by looking into whether they are serving someone else’s interest that has been the controller. This determination hinges on a look at the agreement between the parties.

Case law most on is the Google Spain SL, Google Inc. v Agencia Española de Protección de Datos (AEPD), Mario Costeja González decision as there is a great application of these tests. Under this decision, Google’s relationship to the webpages is very similar to that of ad network parties listed here, in that Google is an indexing engine whose purpose for processing personal data is motivated by their interest in providing search engine services and the website publishers are motivated to provide access to personal data. In that relationship, the website owners are a controller and Google is a processor because they failed the Court’s Article 6, 7, and 8 analysis.



The easiest way to identify which party plays which role is to place lines between their transactions, relationships, and motivations. The below table is based on the test laid out by Working Party 29 in Opinion 1/2010 on the concepts of “controller” and “processor” and Google Spain SL, Google Inc. v Agencia. Where there is a transition from a processor to a controller, the Working Party Opinion indicates that can happen where a processor acts outside their contractual scope, whether the data transfer is for the receiving parties direct use, or they contract for a transfer of responsibility. Where it comes to any transfers triggering a controllership status a separate Article 6 analysis of lawful purpose is required as all civil, administrative, or criminal laws apply and may include personal liability for corporate executives.


Clean An Oil Painting – Authentication And Analysis Can Over-restored art (repainted) be saved?

Lots of well-intentioned people think that restoring artwork is like “fixing” anything else. Chief culprits are artists who think that because they can paint a painting, they can restore any painting.  We’ll, for #1, they have no idea why works of art fall apart. And, of course, they have no idea as to the aging problems of the materials/supplies they use for restoring. But most importantly, they don’t honor or respect the original creation, historical value or aesthetics, even if they are flawed (in their opinion).


These photos got viral international fame when the painting on the left was restored – the final result is on the right. Yes, this is THE ACTUAL APPEARANCE OF THE artwork AFTER RESTORATION!! You might say, “You’ve GOT to be kidding me!!!” This got a lot of outrage…. and then hilarious parody responses from the public…


Artists put there own vibe on other artist’s artwork they restore

Before and After Restoration of Warhol’s iconic Marilyn



Wonder Woman has been busy lately saving the world and now she’s doing art restoration on ancient statues at the Met and saving the world’s heritage too. I’m glad that she sees saving our heritage as an important work worthy of her time and she’s amazing at beating up the bad guys but would you want her “delicate touch” and “trained eye” to restore your artwork?! I don’t recall that education or experience being part of her training on the hidden lost island of Amazon Warrior Women.


What people fear if the Mona Lisa were restored


Did you like the last restoration of Leonardo’s Last Supper?


On a more serious, real note…. In the news recently: the past restoration work on the painting Salvador Mundi by Leonardo da Vinci was so extensive and poorly done that it was no longer attributed to him. The only way to recoup the value? Remove all the restorations and see what was left by the Master. Photo on left is the painting after the past restorations were removed; photo on right is after the careful and excellent quality recent painting conservation treatments that allowed for the artwork to sell at Christies in Nov. 2017 for $430 million.


Salvador Mundi by Leonardo da Vinci

You may think this is funny! But the sad thing is

that it happens all the time!




We just returned this completed portrait to her family a short time ago…

On the left is the photo of how the painting looked AFTER restoration when it came back from a “professional” Russian restorer in the Los Angeles area not long ago! IT DIDN’T LOOK ANYTHING LIKE THEIR GRANDMOTHER! As you might imagine, the family was crushed, as they thought the original, cherished oil painting of their dear grandmother was damaged beyond repair and lost forever. On the right is our after-restoration photo of the ancestral portrait,  AFTER all the previous “restoration” was removed and the original portrait was recuperated. You should have seen the owner’s/family’s faces!

This exquisite Madonna and Child Spanish Colonial painting in the Franciscan archives of California is another sad story of botched over-restored valuable art. Look closely, especially at the details of the child Jesus… it looks as bad as “Behold the Monkey!!!”

 The photo on the left is the “restored”- repainted old master.


After we cleaned off all the repainting to re-reveal the original, we then properly stabilized deterioration, cleaned the underlying “gunk,” carefully and discretely inpainted only the paint losses, being careful to not slop over onto the original. Conservation grade varnish layers allowed the painting to glow and look its best. The photo on the right of the face shows the final results after conservation. Look how many wonderful details reappeared!!! Repainting a work of art as an excuse for “restoration” is, of course something that kills the value of the original: Its no longer by the artist, its no longer from the period or age of the original.

Several different kinds of analysis can help reveal the original details of over-restored art, helping in authentication.

Through analysis, the Charles Dickens Museum in London found out that they own an original portrait by an important Victorian artist. The bad news is that it is almost entirely hidden under layers of overpainting across most of the surface, which covers up to 70% of the original vintage, historic, valuable artwork including most of the face. The repainting is believed to be an attempt to mask the damage caused by an equally disastrous attempt to clean the picture, long before it came to the museum.

Extensive tests at the Hamilton Kerr Institute, the conservation department of the Fitzwilliam Museum in Cambridge included X-radiography, ultraviolet visible fluorescence and infrared reflectography (which we do in our lab) which were used to see the underlying details better.

Cindy Sughrue, director of the museum, hopes to raise the money for full restoration of the painting. “This has been an interesting process to say the least, and one that has seen us swinging from despair to elation.”

“Anyone could see looking at it that it wasn’t quite right – one conservator commented that she looks more like a southern belle – but until we got the scans back it was hard to say exactly what had happened to it,” Price said. “It’s a great relief to know that most of the original painting is still there and we should be able to recover it.”


Thomas Rebok, Art Conservator in S. Africa:

photographed the removal of one portrait from off of another portrait.

For more on IR, click here:–-a-short-video/

For in on UV, click here:

To discuss the value of your painting, call my friend Scot Levitt at Bonhams Auction House in Los Angeles. Tell him Scott Haskins sent you. I promise, he’ll be nice to you! 323 436 5425

Art conservation – restoration questions?

Call Scott M. Haskins, Oriana Montemurro, Virginia Panizzon – Art Conservators

 Tel 805 564 3438

Art appraisal questions?

Call Richard Holgate, Certified Appraiser 805 895 5121

See a tour of Fine Art Conservation Laboratories (CLICK HERE)

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As I said before, this isn’t such an uncommon thing and something horrific usually happens when do-it-your-selfers start restoring historical items (there are standards, guidelines, ethics to follow). While its better than a monkey face, it still is a laugh:


5 Questions You Need To Ask About Pest Control

Pest control is never a consideration for most homeowners until it is almost too late. By the time they begin to see signs of rodents and insect as well as the damages wreaked by these creatures, they become frantic and start seeking help. During this stressful time, they rush and hire the first pest control company that comes to mind without asking the right questions.

Before you hire any pest control company, you need to ask some questions and receive excellent answers before deciding to engage any pesticide applicator. Choosing the best pest control company that will handle the job the right way will be worth the effort.

Without much ado, here are five questions you need to ask about pest control:


  1. How long have the pest control company been in this business?

Before you hire any pest control company, you need to find out how long they have been in the business of ridding households of pests. You may need to contact the States Departments of Agriculture or the EPA to verify their claims.


  1. Do you have any online reviews that I can take a look at?

Any reliable pest control company must have social proof to show how trustworthy they are. They must have a lot of testimonials or reviews to prove how credible they are in the business.


  1. Are you a licensed, accredited pesticide applicator?

The pest control company you want to hire must be licensed and insured. If not, then you shouldn’t have anything to do with them.


  1. Are the chemicals safe for humans to inhale?

Most of the time, the chemicals used in getting rid of nature’s creatures are toxic and not safe for humans. But lately, a lot of energy and resources have gone into developing eco-friendly and non-toxic chemical products that are safe for a human to inhale. Of course, that doesn’t imply that you should expose yourself unduly to these fumes.


  1. What about my pets? Do I need to remove or cover them?

You may have to cover your fish tanks or remove any household pets to that they don’t get overexposed to pesticides.

If you are looking for the best pest control company that offers topnotch service at competitive prices, Nature’s Own Pest Control lead the pack. They are licensed and have been in this business for more than twelve years, and the glowing online testimonials attest to their prowess. Find out more about them by visiting

A-List Supermodel Environmentalist on Fox News discussing How to Salvage Rivers from Plastic :- What an environmental nightmare: 70% of rivers from Texas to New Jersey are “too polluted for fish.” Promotional Consideration provided by Tranquility Salon & Spa in New Hartford, CT; American Apparel, and TIC Collective Sunglasses Special thanks to Dina Stavola and everyone at Fox Connecticut ALL RIGHTS RESERVED by those in this broadcast WE OWN NOTHING except the fabulous hair do by Erica Cook and shellacked nails by advanced esthetician Beth Butler.

Showbox is a wonderful application on Android for playback of broadcasts and films without payment

What lacking in long and exhausting journeys more often? That’s right – the opportunity to watch your beloved motion picture or TV series for free and in excellent quality. And here comes the Showbox. Now you do not need to endlessly surf the Internet in search of the right web-site, since it is enough to download ShowBox for your Android device and enjoy watching.

What’s really neat about this app is the design. Only you go into the Showbox app, you will immediately be presented with a list of the most famous kinoserialov and movies, from which you can select and start watching. In the Appendix there is a comfortable navigation bar, through which you will be able to elect need category. When you click on the series you will be offered a choice of what voice to watch, English or Russian, and besides the quality is (average, low, or high) and action – to view or download. Modern Showbox equipped with the most necessary options.

In the end I would like to see – Showbox for android is a great and unique app that helps to watch or download your favorite kinoserialov no cost and in high resolution.

For more details checkout website here:

Uses And Advantages Of Cell Phone Cases And Covers

Since our daily lives can become a bit rough and demanding, the foremost cell phone accessories any cell phone user should invest on are cell phone cases and covers. Unfortunately, when you buy a new mobile device, it usually doesn’t come with a cell phone case, and has to be purchased separately. Now, the question is, why do we need to get iPhone case, samsung galaxy note cases and Samsung galaxy note 8 cases? Find out below why these cases and covers are top essentials.

Maximum Defense

You can consider these cell phone cases and covers as a phone shelter, which are intended to protect your mobile device against harsh elements, and exterior damage, such as scrapes, dirt, dust and falls. And since mobile phones can get easily damaged, having a kind of protective shelter can help avoid this from occurring. You can always go with your own style, from wallet case to simple clear case, just grab one for your Phone and get it secure.

Versatile Accessory

You can instantly personalize your device using various cases and covers, all depending on your mood, wardrobe, or lifestyle. Should you need to attend a classy occasion, just select a sophisticated style of cell phone case, and you’re all set to turn heads and make a fashion statement. Soft tpu case, nice slogan covers, or sturdy leather cases are all avaliable at different situations.

Instant Overhaul

If you’re sick and tired of your same old boring device, maybe it’s about time to embellish it. Or say, it’s already scratched and faded. You can easily restore its value and give it a facelift by covering it with a new style case. And In no time, your dull mobile phone is once again in pristine condition.

Bursting With Fun

Jazzing up your device with these cool cases and covers truly offer tons of fun and environment. Plus, with a wide collection to choose from- fascinating designs, flashy colors, heavy-duty materials, you will surely be left in awe.

Custom Mold

As these cell phone cases are available in various brands and models, from Samsung Galaxy cases, iPhone X cases to iPad 2017 cases and LG cases, there is no need to worry that they will not fit your phone perfectly. Majority of these are as well-crafted from high quality materials and tailored to fit for every type of mobile device.

Instant Installation

Tools are not necessary at all when using cases or covers. Simply perfect for people on the move, these handy cases and covers only take a few minutes to fit-neat and quick

With these amazing uses and benefits, cell phone cases and covers are really worth every dollar. And since they’re reasonably priced to fit your budget, you can even purchase a few items of your favorite styles and color cases at Uphonecase online store without hurting your pocket. At, you will find the latest trends in phone cases like Samsung Galaxy note cases and Samsung Galaxy note 8 cases from around the world.