Regulatory Framework

1.1 Data Controller

The data controller responsible for the processing of personal data collected through this website is PolarAtlasWorks, registered at 41011, Calle Asuncion 24, Sevilla, Spain. For all inquiries related to data protection, you may contact our Data Protection Officer at [email protected].

1.2 Categories of Personal Data

We collect and process the following categories of personal data: (a) identification data including name and email address provided through contact forms; (b) technical data including IP addresses, browser type and version, operating system, and device identifiers automatically collected during website访问; (c) usage data including pages visited, time spent on pages, navigation patterns, and interaction events collected through analytics tools; (d) communication data including the content of messages submitted through our contact forms or email correspondence.

1.3 Legal Basis for Processing

Your personal data is processed on the following legal bases under Article 6 of the General Data Protection Regulation (GDPR): (a) Consent — where you have provided explicit consent for specific processing purposes, such as subscribing to communications; (b) Contractual Necessity — where processing is necessary for the performance of a contract to which you are a party, or for taking steps at your request prior to entering into a contract; (c) Legitimate Interest — where processing is necessary for our legitimate interests, such as improving our services, ensuring website security, and conducting business analytics, provided these interests are not overridden by your fundamental rights; (d) Legal Obligation — where processing is necessary for compliance with a legal obligation to which we are subject.

1.4 Purpose of Processing

We process your personal data for the following purposes: (a) to respond to your inquiries and provide requested information about our services; (b) to perform contractual obligations and deliver agreed-upon digital engineering services; (c) to maintain and improve the functionality, security, and performance of our website; (d) to analyze website usage patterns and optimize user experience; (e) to comply with applicable legal obligations and respond to lawful requests from public authorities; (f) to establish, exercise, or defend legal claims when necessary.

1.5 Data Retention

Personal data is retained only for as long as necessary to fulfill the purposes for which it was collected. Contact form submissions are retained for a maximum of 24 months from the date of submission. Technical and usage data collected through analytics tools is retained for a maximum of 12 months. Contractual data is retained for the duration of the contractual relationship and for a period of 6 years following its termination, in accordance with applicable statute of limitations and tax regulations. Upon expiration of the retention period, personal data is securely deleted or anonymized.

1.6 Data Transfers

Your personal data may be transferred to and processed in countries outside the European Economic Area (EEA). When such transfers occur, we ensure appropriate safeguards are in place in accordance with Chapter V of the GDPR, including Standard Contractual Clauses approved by the European Commission, adequacy decisions, or other legally recognized transfer mechanisms. We will inform you of any such transfers and the specific safeguards applied before the transfer takes place.

1.7 Your Rights

Under the GDPR, you have the following rights regarding your personal data: (a) Right of Access (Article 15) — the right to obtain confirmation as to whether your personal data is being processed and to receive a copy of that data; (b) Right to Rectification (Article 16) — the right to request correction of inaccurate personal data or completion of incomplete data; (c) Right to Erasure (Article 17) — the right to request deletion of your personal data where there is no compelling reason for continued processing; (d) Right to Restriction of Processing (Article 18) — the right to request limitation of processing in certain circumstances; (e) Right to Data Portability (Article 20) — the right to receive your personal data in a structured, commonly used, machine-readable format; (f) Right to Object (Article 21) — the right to object to processing based on legitimate interests or for direct marketing purposes; (g) Right to Withdraw Consent — where processing is based on consent, the right to withdraw consent at any time without affecting the lawfulness of processing prior to withdrawal.

1.8 Right to Lodge a Complaint

Without prejudice to any other administrative or judicial remedy, you have the right to lodge a complaint with a supervisory authority, in particular in the Member State of your habitual residence, place of work, or place of the alleged infringement, if you consider that the processing of your personal data infringes the GDPR. The competent supervisory authority for PolarAtlasWorks is the Agencia Española de Protección de Datos (AEPD), located at C/ Jorge Juan, 6, 28001 Madrid, Spain.

1.9 Security Measures

We implement appropriate technical and organizational measures to ensure a level of security appropriate to the risk, including encryption of data in transit and at rest, regular security assessments, access controls, and incident response procedures. These measures are regularly reviewed and updated to address evolving threats and vulnerabilities.

2.1 What Are Cookies

Cookies are small text files placed on your device when you visit our website. They serve various purposes, including enabling core website functionality, analyzing website traffic, and personalizing content. Cookies can be "session cookies" (deleted when you close your browser) or "persistent cookies" (remain on your device for a set period or until you delete them).

2.2 Types of Cookies We Use

Strictly Necessary Cookies: These cookies are essential for the operation of our website. They enable core functions such as page navigation, form submission, and access to secure areas. The website cannot function properly without these cookies. They do not collect information about you that could be used for marketing purposes.

Performance and Analytics Cookies: These cookies collect information about how visitors use our website, such as which pages are visited most often and whether users receive error messages. These cookies do not collect information that directly identifies you. All information these cookies collect is aggregated and anonymous. We use this information to improve how our website works.

Functionality Cookies: These cookies allow our website to remember choices you make (such as your language preference or region) and provide enhanced, more personal features. They may also be used to provide services you have requested, such as watching a video or commenting on a blog.

2.3 Managing Cookies

You can control and manage cookies through your browser settings. Most browsers allow you to refuse or accept cookies, delete existing cookies, and set preferences for certain websites. Please note that disabling certain cookies may impact the functionality of our website. For detailed instructions on managing cookies, please refer to your browser's help documentation or visit www.allaboutcookies.org.

2.4 Consent

Upon your first visit to our website, you will be presented with a cookie consent banner allowing you to accept or decline non-essential cookies. Your choice will be stored in your browser's local storage and respected on subsequent visits. You may withdraw your consent at any time by clearing your browser's local storage or by revisiting the cookie preferences section of our website.

3.1 General Policy

At PolarAtlasWorks, we are committed to delivering digital engineering services that meet the highest standards of quality and performance. Due to the bespoke nature of our services, refund eligibility is evaluated on a case-by-case basis, taking into account the scope of work completed, deliverables provided, and the stage of project execution.

3.2 Pre-Project Cancellation

If you wish to cancel a project before work has commenced, you are entitled to a full refund of any advance payments made. Cancellation must be communicated in writing to [email protected]. Refunds for pre-project cancellations will be processed within 14 business days of receipt of the cancellation request.

3.3 Partial Refunds

For projects that have been partially completed, refunds may be issued proportionally based on the percentage of work completed and deliverables provided. The determination of partial refund amounts will consider: (a) the project milestone achieved at the time of cancellation; (b) deliverables already produced and delivered; (c) resources allocated and utilized; (d) any third-party costs already incurred on your behalf. Partial refund calculations will be documented and provided to you within 21 business days of the refund request.

3.4 Non-Refundable Items

The following are generally non-refundable: (a) completed and delivered work that meets the agreed-upon specifications; (b) domain registration fees and third-party service subscriptions purchased on your behalf; (c) work completed during the discovery and planning phases that has been presented and approved; (d) customization requests made after project approval that fall outside the original scope.

3.5 Dispute Resolution

In the event of a dispute regarding refund eligibility, both parties agree to engage in good-faith negotiations to reach a mutually acceptable resolution. If negotiations do not result in resolution within 30 days, either party may pursue mediation or arbitration in accordance with the rules of the Spanish Arbitration Court (Tribunal Arbitral de Madrid). These refund terms are governed by Spanish law and subject to the exclusive jurisdiction of the courts of Sevilla, Spain.

4.1 Acceptance of Terms

By accessing or using the services provided by PolarAtlasWorks, located at 41011, Calle Asuncion 24, Sevilla, Spain, you agree to be bound by these Terms of Service. If you do not agree to these terms, you must not access or use our services. These terms constitute a legally binding agreement between you and PolarAtlasWorks.

4.2 Scope of Services

PolarAtlasWorks provides digital engineering services including but not limited to web development, digital strategy consulting, conversion optimization, and technical infrastructure design. The specific scope, deliverables, timeline, and pricing for each engagement will be defined in a separate Statement of Work (SOW) or service agreement executed between the parties.

4.3 Client Obligations

You agree to: (a) provide accurate, complete, and timely information necessary for the performance of services; (b) designate an authorized representative with decision-making authority for the project; (c) review and provide feedback on deliverables within the agreed-upon review periods; (d) ensure that any content, materials, or data provided to us for use in the project do not infringe upon the rights of third parties; (e) maintain the confidentiality of any access credentials or proprietary information shared during the engagement.

4.4 Payment Terms

Payment terms will be specified in the applicable Statement of Work. Unless otherwise agreed: (a) invoices are payable within 30 days of issuance; (b) late payments will incur a late fee of 1.5% per month on the outstanding balance; (c) work may be suspended if payment is overdue by more than 15 days; (d) all prices are quoted in Euros (€) and are exclusive of applicable taxes unless otherwise stated. Travel and accommodation expenses for on-site work will be billed separately at cost.

4.5 Intellectual Property

Upon full payment of all outstanding invoices: (a) all custom code, designs, and deliverables created specifically for you under the engagement become your property; (b) PolarAtlasWorks retains ownership of pre-existing intellectual property, tools, frameworks, and methodologies used in the delivery of services; (c) PolarAtlasWorks may use anonymized, aggregated data from completed projects for case studies, portfolio presentations, and industry research; (d) any third-party libraries, open-source components, or licensed materials remain subject to their respective license terms.

4.6 Confidentiality

Both parties agree to maintain the confidentiality of all proprietary or sensitive information disclosed during the engagement. This obligation survives the termination of the agreement for a period of 3 years. Confidential information includes but is not limited to business strategies, technical specifications, financial data, customer information, and any other information designated as confidential by the disclosing party.

4.7 Limitation of Liability

To the maximum extent permitted by applicable law: (a) PolarAtlasWorks's total aggregate liability arising out of or related to these terms or any engagement shall not exceed the total fees paid by you to PolarAtlasWorks during the 12-month period preceding the event giving rise to the claim; (b) PolarAtlasWorks shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, or business opportunities; (c) these limitations do not apply to liability arising from gross negligence, willful misconduct, or breach of confidentiality obligations.

4.8 Termination

Either party may terminate an engagement: (a) for convenience with 30 days' written notice; (b) immediately upon written notice if the other party commits a material breach that remains uncured for 15 days after receipt of written notice specifying the breach. Upon termination: (a) you will pay for all services rendered up to the effective date of termination; (b) all completed deliverables will be transferred to you upon payment; (c) both parties will return or destroy all confidential information of the other party.

4.9 Governing Law and Jurisdiction

These Terms of Service are governed by and construed in accordance with the laws of Spain. Any disputes arising out of or in connection with these terms shall be subject to the exclusive jurisdiction of the courts of Sevilla, Spain. The United Nations Convention on Contracts for the International Sale of Goods (CISG) does not apply to these terms or any engagement governed by them.

4.10 Modifications

PolarAtlasWorks reserves the right to modify these Terms of Service at any time. Material changes will be communicated via email or through a prominent notice on our website at least 30 days before taking effect. Your continued use of our services after such modifications constitutes acceptance of the updated terms. The applicable version of these terms will be the one in effect at the time of engagement.