Terms & Policies

1. Data Controller

The data controller responsible for your personal data is OrbinexaSolutions, located at Paseo de Pereda, 20, Piso 1º Izquierda — 39004, Santander, Cantabria, España. You may contact us at [email protected] or +34 693 681 705.

2. Data We Collect

We collect the following categories of personal data when you interact with our services:

• Contact Information: Name, email address, phone number, and physical address provided through contact forms or direct communication.
• Project Data: Project specifications, design assets, content, and business requirements shared during our collaboration.
• Technical Data: IP address, browser type and version, operating system, referring URLs, and pages visited on our website.
• Payment Information: Billing name and address. Full payment card details are processed by our PCI-DSS compliant payment processor and never stored on our servers.

3. Legal Basis for Processing

We process your personal data under the following legal bases as defined by Article 6 of the GDPR:

• Consent (Art. 6(1)(a)): When you subscribe to newsletters, accept cookies, or voluntarily provide information.
• Contract Performance (Art. 6(1)(b)): When processing is necessary for the performance of a contract to which you are a party, including project delivery and invoicing.
• Legitimate Interest (Art. 6(1)(f)): For website analytics, security monitoring, and fraud prevention, where our interests do not override your fundamental rights.
• Legal Obligation (Art. 6(1)(c)): When we are required to retain data for tax, accounting, or regulatory compliance purposes.

4. How We Use Your Data

Your personal data is used exclusively for the following purposes:

• Providing, maintaining, and delivering our digital studio services.
• Communicating with you regarding projects, proposals, invoices, and support.
• Processing payments and maintaining accurate financial records.
• Improving our website functionality, user experience, and service quality.
• Complying with legal obligations under Spanish and EU law.
• Detecting and preventing fraud, security threats, and unauthorized access.

5. Data Retention

We retain your personal data only for as long as necessary to fulfill the purposes for which it was collected:

• Contact inquiries: Retained for up to 24 months from the last interaction unless a contractual relationship is established.
• Client project data: Retained for the duration of the contract plus 6 years, in compliance with Spanish commercial record-keeping obligations (Código de Comercio, Art. 30).
• Financial records: Retained for a minimum of 4 years as required by Spanish tax law (Ley General Tributaria, Art. 66).
• Analytics data: Anonymized after 26 months.

6. Your Rights Under GDPR

Under the General Data Protection Regulation, you have the following rights regarding your personal data:

• Right of Access (Art. 15): Request a copy of all personal data we hold about you.
• Right to Rectification (Art. 16): Request correction of inaccurate or incomplete personal data.
• Right to Erasure (Art. 17): Request deletion of your personal data where there is no compelling legal ground for continued processing.
• Right to Restriction (Art. 18): Request restriction of processing in specific circumstances.
• Right to Data Portability (Art. 20): Receive your personal data in a structured, commonly used, machine-readable format.
• Right to Object (Art. 21): Object to processing based on legitimate interests, including direct marketing.
• Right to Withdraw Consent: Withdraw consent at any time without affecting the lawfulness of processing carried out prior to withdrawal.

To exercise any of these rights, contact us at [email protected]. We will respond within 30 days as required by Article 12(3) of the GDPR.

7. Data Security

OrbinexaSolutions implements appropriate technical and organizational measures to protect your personal data against unauthorized access, alteration, disclosure, or destruction. These measures include SSL/TLS encryption for all data in transit, encrypted storage for sensitive data, regular security audits, and strict access controls limiting data access to authorized personnel only.

8. International Data Transfers

We do not transfer your personal data outside the European Economic Area (EEA) unless adequate safeguards are in place, such as Standard Contractual Clauses (SCCs) approved by the European Commission, in compliance with Chapter V of the GDPR.

9. Supervisory Authority

If you believe that our processing of your personal data violates the GDPR, you have the right to lodge a complaint with the Spanish Data Protection Authority (Agencia Española de Protección de Datos — AEPD) at www.aepd.es or at C/ Jorge Juan, 6, 28001 Madrid, España.

1. What Are Cookies

Cookies are small text files stored on your device when you visit our website. They help us recognize your device, remember your preferences, and improve your browsing experience. Under the EU ePrivacy Directive (2002/58/EC) and the Spanish Ley de Servicios de la Sociedad de la Información (LSSI-CE), we are required to inform you about our cookie usage and obtain your consent where necessary.

2. Types of Cookies We Use

3. Managing Cookies

You can manage or disable cookies at any time through your browser settings. Please note that disabling strictly necessary cookies may impair the functionality of our website. Below are links to cookie management instructions for common browsers:

• Google Chrome: Settings > Privacy and Security > Cookies
• Mozilla Firefox: Settings > Privacy & Security > Cookies
• Safari: Preferences > Privacy > Manage Website Data
• Microsoft Edge: Settings > Privacy > Cookies

4. Third-Party Cookies

Our website may include content from third-party services (such as embedded Google Maps on our Contact page) that set their own cookies. We do not control these third-party cookies. We encourage you to review the privacy and cookies policies of these third parties directly.

5. Consent

By accepting our cookie banner, you consent to the use of non-essential cookies as described in this policy. You may withdraw your consent at any time by clearing your browser cookies or contacting us at [email protected].

1. General Refund Terms

At OrbinexaSolutions, we are committed to delivering high-quality digital services. Refund eligibility depends on the service type, project stage, and the terms agreed upon in the project contract.

2. Deposit & Advance Payments

All projects require an upfront deposit (typically 40–50% of the total project fee) before work commences. This deposit is non-refundable once work has begun, as it covers initial resource allocation, project scoping, and design research.

3. Refund Conditions

A full or partial refund may be issued under the following circumstances:

• Pre-Production Cancellation: If you cancel the project before any design or development work has started, you are entitled to a refund of all payments made minus a 10% administrative fee.
• Service Non-Delivery: If OrbinexaSolutions fails to deliver the agreed-upon deliverables within the contracted timeframe without a valid reason or mutually agreed extension, you are entitled to a proportional refund.
• Material Defects: If the delivered work contains significant defects or does not meet the specifications outlined in the project brief, we will first attempt to remedy the issues. If resolution is not possible, a partial refund proportional to the affected deliverables will be issued.

4. Non-Refundable Items

The following are not eligible for refunds:

• Completed and approved deliverables that have been deployed or handed over to the client.
• Third-party costs incurred on behalf of the client (hosting fees, domain registrations, licensed assets, API subscriptions).
• Work performed under time-and-materials agreements where hours have been logged and verified.
• Change requests or scope additions agreed upon after the original project brief.

5. Refund Process

To request a refund, contact us at [email protected] with your project reference number and a description of the issue. We will review your request within 10 business days. Approved refunds will be processed to the original payment method within 14 business days of approval.

6. Consumer Rights

This refund policy does not affect your statutory rights as a consumer under EU Directive 2011/83/EU on consumer rights and applicable Spanish consumer protection legislation. If you purchased services as a consumer (not for business purposes), you may have additional withdrawal rights within 14 days of the contract conclusion, where service performance has not yet begun with your express consent.